HomeMy WebLinkAboutReso 2023-3527RESOLUTION NO. 2023- 755Z7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A PAYMENT TO BELLSOUTH TELECOMMUNICATIONS,
LLC., d/b/a AT&T SOUTHEAST, FOR THE GOLDEN SHORES UTILITY
UNDERGROUNDING PROJECT, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED
FIFTY-FOUR THOUSAND ONE HUNDRED THIRTY-THREE DOLLARS AND ONE
CENT ($254,133.01), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is currently proceeding with the Golden Shores Utility
Undergrounding Project ("Project"); and
WHEREAS, pursuant to BELLSOUTH TELECOMMUNICATIONS, LLC., d/b/a AT&T
SOUTHEAST ("AT&T") Electric Tariff and Florida Administrative Code Section 25-6.115, AT&T
has agreed and submitted a Binding Cost Estimate for the relocation and undergrounding of
copper distribution facilities; and
WHEREAS, the City now wishes to approve the payment to AT&T in an amount not to
exceed Two Hundred Fifty -Four Thousand One Hundred Thirty -Three Dollars and One Cent
($254,133.01), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Payment. The City Commission hereby approves the payment to
AT&T, in an amount not to exceed Two Hundred Fifty -Four Thousand One Hundred Thirty -Three
Dollars and One Cent ($254,133.01), attached hereto as Exhibit "A", for the Golden Shores
Utility Undergrounding Project.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this
123.
Larisa Svechin, Mayor
ATTEST:
Mauriiio Betancur, PMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
I- _; f4d"aw
Al/in E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
i�
Moved by: rA5,1 fi4econded by:
Vote:
Mayor Svechin
Vice Mayor Joseph
Commissioner Lama
Commissioner Stuyvesant
Commissioner Viscarra
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
1/ (Yes) (No)
@BCL@C409818A.doc Page 2 of 2 47
at&t
Page 1 of 5
LETTER OF AGREEMENT FOR CUSTOM WORK and ESTIMATE OF ACTUAL COST
July 14, 2023
CR #: 229239
Project Number: A01R49Z
Customer Name: City of Sunny Isles Beach/ Golden Shores
Billing Address: 18070 Collins Ave, Sunny Isles Beach, FL 33160
Contact Name: Paul T. Abbott
Contact email Address: ptgbhtl@aol.com
Contact Phone Number. (305) 773-6255
Site Location: 19140 N. Bay Road, Sunny Isles Beach, FL 33160
AT&T has received a request from you to perform the following work:
Relocation and undergrounding of copper distribution facilities for Golden Shores
Neighborhood from rear to front. Removal of cables, terminals, poles and anchor/down-guys.
Charges of $25,000 or greater are billed at actual cost. However, an advance payment based
on the estimated cost of the special construction charges is required before work can
begin. At the completion of the project, an additional payment may be required if
costs exceed the estimated amount. A refund will be issued if actual costs are less
than the estimated amount.
This signed agreement and advance payment of $ 254,133.01 must be received
at the AT&T 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.
Estimated Actual Cost Quote
Expenses
Amount
ENGINEERING LABOR
$ 23,134.14
MATERIAL COST
$ 67,086.15
CONSTRUCTION LABOR
$ 93,841.68
CONTRACTOR COST
$ 80,071.04
MISC. COST
$ 0.00
Estimated Contract Price
$ 264,133.01
Less Credits/Payments
$ 10,000.00
Estimated Balance Due
$ 254,133.01
Charges of $25,000 or greater are billed at actual cost. However, an advance payment based
on the estimated cost of the special construction charges is required before work can
begin. At the completion of the project, an additional payment may be required if
costs exceed the estimated amount. A refund will be issued if actual costs are less
than the estimated amount.
This signed agreement and advance payment of $ 254,133.01 must be received
at the AT&T 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.
a t M
CUSTOM WORK AGREEMENT
CR #: 229239
Project Number: A01R49Z
This Custom Work Agreement ("Agreement") is entered into by and between
Page 2 of S
BellSouth Telecommunications, LLC. d/b/a AT&T Southeast (hereafter "AT&T") and
City of Sunny Isles Beach/ Golden Shores (Customer).
AT&T and Customer hereby agree to following terms:
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 maybe made from time to time.
2. Special Construction. This Agreement is for the special construction as
further described on page 1, attached hereto and incorporated herein by this
reference ("Special Construction"). As consideration for the Special Construction,
Customer shall pay to AT&T $ 254,133.01 . Advance payment based on estimated
cost is required before work will begin for any project estimated to cost $2SK or more.
Payment in full for the remaining balance exceeding the advance payment based on
actual costs is required within thirty days after AT&T issues an invoice to the
Customer for the Special Construction Charges.
3. Price Quote. The price is guaranteed for 60 days from July 14, 2023 If the
charges are not accepted within 60 days the request will be canceled and a new request
will need to be placed. The second estimate may be higher than the price that was
originally quoted.
4. 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.
S. 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, as
applicable, and in no event shall exceed Special Construction Charges paid by Customer
to AT&T.
at&t
Page 3 of 5
6. Changes in Scope of Work. 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 that final bill. The final bill will be calculated based on AT&T's billing
practices and work performed, which Customer agrees to accept. Customer understands
and agrees that the final bill for the Actual Cost may exceed the preliminary cost estimate
that has been provided for this work. Consequently, 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,
if the contractor bid exceeds the estimated contractor costs the applicant will be responsible
for additional costs and a change order will be issued for customer approval. Work will not
commence until signed change order and additional payment has been received.
7. Changes Due to Field Conditions. In the event there exists any conditions in the field
that differ from those 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, 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.
8. Customer Obligations. Customer agrees to provide appropriate easements and/or
rights of way, as determined by AT&T, to AT&T for its lines and any 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.
9. Time to Complete. Any representation by AT&T, its contractors, or employees that
the project will be complete by a certain date or certain time period is strictly an estimate
and not binding. All estimated completion dates are subject to changing conditions in the
field, changes in the scope of the work, relocation of existing utilities not within AT&T's
control, Acts of God, weather delays, labor disputes, contractor disputes, pandemics
and other conditions or circumstances could not reasonably anticipate at the time of the
estimate.
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Page 4 of 5
10. Indemnification and Hold Harmless. Both parties, its agents, servants,
and employees hereby agree to indemnify and hold harmless each other, and its
employees, agents and contractors, from and against any and all claims, costs, expenses,
judgments or actions for damage to property or injury or death to persons, and/or arising
from or relating to the work that is the subject of this agreement, to the extent any
such claims are caused by the negligent acts or omissions of each party, its
agents, servants, or employees.
11. Miscellaneous.
A. 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.
B. 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.
C. Headings. The headings, captions, and arrangements used in this Agreement are
for convenience only and shall not affect the interpretation of this Agreement.
D. 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.
E. A licable Law. This Agreement shall be governed and interpreted in accordance
with the laws of the state that the work site location is located without regard to
that state conflict of law principles.
F. Attorne s' fees. If either party materially breaches this Agreement and should the
non- reaching 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.
G. Authority. The signatories to this Agreement represent and warrant that they are
my authorized to execute this Agreement.
H. No Precedent. Except for the matters resolved and released herein, this Agreement
iso�alue and shall not be considered precedent for resolving any dispute that
may arise in the future.
I. SSeve�rabilit�. 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.
J. Successors and AssLqn This Agreement is binding upon and shall inure to the
benefit of the parties and their respective successors and assigns.
12. Final Agreement. THIS AGREEMENT REPRESENTS THE ENTIRE AND FINAL
EXPRESSION OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF,
EXCEPT AS PROVIDED HEREIN, 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.
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Page 5 of 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized representative on the dates set below. This quote is only valid for 60
days from the date of this letter.
CR #: 229239
Project Number: A01R49Z
Date Quote Expires: 9/13/2023
AT&T Design Engineer: Gisell Menendez (GM6244)
Authorized Signature
Title: 1-A"f Vr--,AG I
Company: Ll"jt�� ltd JVi1Ny
Printed Name:A�+�1`S!t1�L�lfJ
Date: l '�
AT&T CWO Manager Contact Information
Digitally signed by Gene Ferry
Gene Ferry
Date: 2023.07.1413:33:58 -05'00'
CWO Manager
Phone Number: (262) 347-5863
Email Address: gf2431@att.com
Date: July 14, 2023
Please send check payable to AT&T CWO along with original signed agreementto:
AT&T CWO 220 Wisconsin Avenue, FLR 2, Waukesha, WI 53186
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305)949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Paul Abbott, City Consultant
DATE: August 17, 2023
RE: Approval of Payment to AT&T for Golden Shores Utility Undergroundin€
Project
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The utility conversion project from overhead to underground has progressed to the point where the
City portion of the project, the conduit, foundations, handholes, etc. installation, is complete. We are
now seeking authorization to pay AT&T for the final installation of residential service connections to
the homes within the Golden Shores Neighborhood. The responsible utility will now install main line
wiring, transmission equipment (cabinets, pedestals, etc.) and the final connections to the individual
homes.
ADDITIONAL INFORMATION:
The cost of this activity is included in the overall budget appropriation for the conversion project.
AT&T Invoice CR# 29239 - $254,133.01.
FUNDING SOURCE:
Funds have been appropriated in account no. 300/450-5-5410-465000-20003.
ATTACHMENTS:
Resolution
Invoice
Item Number: 10.A
45