Loading...
HomeMy WebLinkAboutReso 2021-3204RESOLUTION NO. 2021 - tU _?-V+ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SPECIAL CONSTRUCTION AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS, LLC., D/B/A AT&T SOUTHEAST, FOR PHASE III OF THE UNDERGROUNDING PROJECT, IN AN AMOUNT NOT TO EXCEED SIXTY-TWO THOUSAND DOLLARS ($62,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is converting the entire distribution overhead electrical lines to underground in the City ("Project"); and WHEREAS, the Project includes Collins Avenue and Atlantic Boulevard, between 1751h Terrace and 183cd Street ("Phase III"); and WHEREAS, Bellsouth Telecommunications, LLC., d/b/a AT&T Southeast ("AT&T") will convert the aerial facilities of Phase III; and WHEREAS, AT&T has submitted a proposal for Phase III in the amount of Sixty -Two Thousand Dollars ($62,000.00), attached hereto as Exhibit "A". WHEREAS, the City Commission wishes to approve a Special Construction Agreement with AT&T for Phase III of the Project, attached hereto as Attachment "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves the Special Construction Agreement with Bellsouth Telecommunications, LLC., d/b/a AT&T Southeast, for Phase III of the Undergrounding Project, in an amount not to exceed Sixty -Two Thousand Dollars ($62,000.00), attached hereto as Exhibit "A". Section 2. Authorization of Cily Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 17th day�f June 2021. 11Geor� e H. Scholl Ma or g Y @BCL@780E066E.doc Page 1 of 2 ATT T: APPROVED AS TO FORM L ICIENCY: Mauri io Bet ncur, CMC, City Clerk Edward ward A. Dion, City Attorney Moved by: �M*11 S W0,79— Seconded by: Vote: Mayor Scholl eo (Yes) (No) Vice Mayor Svechin ✓ (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra V (Yes) (No) @BCL@780E066E.doe Page 2 of 2 � �4r �e F Lo" 4 �`r* aF Sin FP4 TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Christopher J. Russo, City Manager Susan Simpson, Assistant City Manager June 17, 2021 Approval of a Special Service Agreement with AT&T for Utility Undergrounding RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: AT&T has submitted a proposed fee for facilitating the underground conversion of the existing overhead utility line for 175 Terrace to 183rd Street, more commonly referred to as Phase 3 of the Collins Undergrounding Project. Engineering design was provided by AT&T and included in the construction activities being completed by City contractors. However, the actual cost for AT&T to install underground conductors in City installed conduit and remove existing overhead facilities was never finalized. The approval of this expenditure in the amount of $62,000.00 will allow for the ongoing conversion of the conversion project. FUNDING SOURCE: Funds have been appropriated in account no. 300-5-5390-465000-80004. ATTACHMENTS: Resolution Special Construction Agreement Item Number: 10.E MM 05119121 City of Sunny Isles Beach (Attn: Paul Abbott) 18070 Collins Ave Sunny Isles Beach, Florida 33160 RE: Underground all aerial facilities from 175th TER north to 183rd ST between Collins Ave and Atlantic Blvd : AT&T has received a request from you (or your company) to perform the following work: Underground all aerial facilities from 175th TER north to 183rd ST between Collins Ave and Atlantic Blvd 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 305-929-4621 Sincerely, Giraldo Yuniel Sanchez Manager OSP Planning & Engineering Design Access Construction and Engineering (ACE) - Southeast, Florida Engineering Project # A022S48 Job Authority # 1 DN03045A NOTE: Please associate the Project # above with the check or other form of payment. Return the original signed contract to: ATl" Southeast 600 NW 79TH AVE, ROOM 360 Miami FL, 33126 Attention: Giraldo Sanchez Payment in full is required within thirty days after the date of the AT&T invoice for the charges associated with the work performed. SPECIAL CONSTRUCTION AGREEMENT Project #: A022S48 Authority: 1 DN03045A AT&T Contact: Giraldo Yuniel Sanchez Telephone #: 305-929-4621 Customer Name: City of Sunny Isles Beach Customer Number: 305-773-6255 Work Site Address: Collins & Atlantic BLVD 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 Sunny Isles 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 other covenant, condition or duty. 9. Headings. The headings, captions, and arrangements used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. ME, 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. Chances in Scope of Work and Unanticipated Conditions. The parties recognize that this is an 'Actual Cost' contract. "Actual Cost" means that Customer will be provided with a final bill after the completion of all work and agrees to pay said final bill. The final bill will be calculated based on AT&T's own billing practices and work performed, which Customer agrees to accept. The final bill for the Actual Cost may exceed the preliminary cost estimate that has been provided for this work, which customer acknowledges and agrees to. AT&T is not required to provide the Customer with prior notice that the Actual Cost has exceeded the preliminary cost estimate prior to providing the final bill. Further, if the Customer initiates changes in the scope of the work after AT&T has provided the preliminary 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 any conditions in the field that are 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. Differing field conditions are but one example of why the Actual Cost may exceed the preliminary cost estimate. Further, items that Customer has agreed to provide in connection with the Special Construction work, such as (but not limited to) providing conduit and/or handholes, as well as appropriate easements and/or right of way for the work, must be suitable to AT&T's purposes. If these items are not suitable or AT&T is forced to acquire or provide them, it will result in increased costs that Customer agrees to pay. r 17. Customer Obligations. Customer agrees to provide appropriate easements and/or rights of way, as determined by AT&T, to AT&T for its converted lines and any cabinets, terminals, or other facilities necessary for the Special Construction work. Further, Customer agrees to provide and place suitable conduit and handholes for AT&T's use in the Special Construction work. Should Customer not provide these items, Customer understands and agrees that it will result in increased costs above the estimate provided, which Customer agrees to pay. 18. 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. 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 By Printed Name By Authorized Signature Title AT&T Southeast By Giraldo Yuniel Sanchez Printed Name By A" -- Authorized Signature Title GEO Manager Date Date 5/19/21 MM EXHIBIT 1 DESCRIPTION OF SPECIAL CONSTRUCTION This job will underground all aerial facilities from 175th TER north to 183rd ST between Collins Ave and Atlantic Blvd. This will require removal of copper, fiber cables and terminals; and placement of new cable in existing conduit placed by the City of Sunny Isles Beach for AT&T and also additional conduit and HHs required to splice new cables to the existing to remain underground plant. The cost of this work will be approximately $62,000. aw 05119121 City of Sunny Isles Beach (Attn: Paul Abbott) 18070 Collins Ave Sunny Isles Beach, Florida 33160 RE. Underground all aerial facilities from 175th TER north to 183rd ST between Collins Ave and Atlantic Blvd : AT&T has received a request from you (or your company) to perform the following work: Underground all aerial facilities from 175th TER north to 183rd ST between Collins Ave and Atlantic Blvd 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 305-929-4621 Sincerely, Giraldo Yuniel Sanchez Manager OSP Planning & Engineering Design Access Construction and Engineering (ACE) - Southeast, Florida Engineering Project # A022S48 Job Authority # lDN03045A NOTE: Please associate the Project # above with the check or other form of payment. Return the original signed contract to: ATT Southeast 600 NW 79TH AVE, ROOM 360 Miami FL, 33126 Attention: Giraldo Sanchez Payment in full is required within thirty days after the date of the AT&T invoice for the charges associated with the work performed. SPECIAL CONSTRUCTION AGREEMENT Project #: A022S48 Authority: 1 DN03045A AT&T Contact: Giraldo Yuniel Sanchez Telephone #: 305-929-4621 Customer Name: City of Sunny Isles Beach Customer Number: 305-773-6255 Work Site Address: Collins & Atlantic BLVD 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 Sunny Isles 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 other covenant, condition or duty. 9. Headings. The headings, captions, and arrangements used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 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. Chances in Scope of Work and Unanticipated Conditions. The parties recognize that this is an 'Actual Cost' contract. "Actual Cost" means that Customer will be provided with a final bill after the completion of all work and agrees to pay said final bill. The final bill will be calculated based on AT&T's own billing practices and work performed, which Customer agrees to accept. The final bill for the Actual Cost may exceed the preliminary cost estimate that has been provided for this work, which customer acknowledges and agrees to. AT&T is not required to provide the Customer with prior notice that the Actual Cost has exceeded the preliminary cost estimate prior to providing the final bill. Further, if the Customer initiates changes in the scope of the work after AT&T has provided the preliminary 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 any conditions in the field that are 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. Differing field conditions are but one example of why the Actual Cost may exceed the preliminary cost estimate. Further, items that Customer has agreed to provide in connection with the Special Construction work, such as (but not limited to) providing conduit and/or handholes, as well as appropriate easements and/or right of way for the work, must be suitable to AT&T's purposes. If these items are not suitable or AT&T is forced to acquire or provide them, it will result in increased costs that Customer agrees to pay. aw 17. Customer Obliaations. Customer agrees to provide appropriate easements and/or rights of way, as determined by AT&T, to AT&T for its converted lines and any cabinets, terminals, or other facilities necessary for the Special Construction work. Further, Customer agrees to provide and place suitable conduit and handholes for AT&T's use in the Special Construction work. Should Customer not provide these items, Customer understands and agrees that it will result in increased costs above the estimate provided, which Customer agrees to pay. 18. Final Aareement. 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. aw 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 By Printed Name By Authorized Signature Title AT&T Southeast By Giraldo Yuniel Sanchez Printed Name By Authorized Signature Title GEO Manager Date Date 5/19/21 at&t EXHIBIT 1 DESCRIPTION OF SPECIAL CONSTRUCTION This job will underground all aerial facilities from 175th TER north to 183rd ST between Collins Ave and Atlantic Blvd. This will require removal of copper, fiber cables and terminals; and placement of new cable in existing conduit placed by the City of Sunny Isles Beach for AT&T and also additional conduit and HHs required to splice new cables to the existing to remain underground plant. The cost of this work will be approximately $62,000.