HomeMy WebLinkAboutReso 2008-1278
RESOLUTION NO. 2008 - I ~l<g
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A SPECIAL
CONSTRUCTION AGREEMENT WITH "AT&T" FLORIDA FOR
PHASE 1 OF THE UNDERGROUNDING PROJECT, IN AN AMOUNT
NOT TO EXCEED TWENTY-NINE THOUSAND NINE HUNDRED
DOLLARS AND SEVENTY-FOUR CENTS ($29,900.74), ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE
THE TERMS OF THE 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; and
WHEREAS, the City of Sunny Isles Beach has negotiated with "AT&T" Florida to (1)
remove AT&T aerial cable from the FP&L and AT&T poles located along Collins Avenue from
185th Street to 195th Street, including removal of aerial service wire extending to customer
premises along, and served by aerial cable within the project area; (2) place underground cable
and service wire to replace the aerial cable and aerial service wire, resulting in conversion of the
aerial cable and service wire to underground; and (3) remove AT&T-owned poles from the
Project Area; and
WHEREAS, AT&T Florida has submitted a proposal for Phase I of the Undergrounding
Project, in the amount of Twenty-Nine Thousand Nine Hundred Dollars and Seventy-Four Cents
($29,900.74), 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 Special Construction Agreement. The Special Construction
Agreement with AT&T Florida, for Phase I of the Undergrounding Project, in the amount of
Twenty-Nine Thousand Nine Hundred Dollars and Seventy-Four Cents ($29,900.74), attached
hereto as Exhibit "A", be, and the same, is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Agreement.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 19th day of June 2008.
R2008- AT&T Agmt for Undergrounding Project
Page 1 of2
ATTEST:
~~~
Jane A. Hines, CMC, City Clerk
Vote:
Mayor EdeIcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
R2008- AT&T Agmt for Undergrounding Project
Moved by: \/\ (~ VY\d.Jjpv TH ~ T~
Seconded by: CaYY\~\D~ M~7'V
v (Yes)
~(Yes)
~(Yes)
~Yes)
~(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Page 2 of2
,~
~.j at&t
April 4, 2008
City of Sunny Isles Beach
Attn: Jorge Vera
18070 Collins Av.
Sunny Isles Beach, Fl. 33160
RE: Phase 1 under grounding _see job BMNOI09BB & BMN03092N_
Mr. Jorge Vera:
AT&T has received a request from you (or your company) to perform the fol/owing work:
Remove aerial facilities for phase 1 City of Sunny Isles Beach under ground project
(172nd St. & Collins Av. - 195th St. and Collins Av. - 189th St. to !85th St. and Collins Av.)
Special construction charges apply. Engineering and Construction will not begin until the attached
contract is signed by you or your authorized agent. Upon signing the contract, please send the original
signed contract and your advance payment for the amount indicated in paragraph two in the contract to
the address also indicated in paragraph two. These sianed contracts and Davments must be
received in the Payment Remittance Office at the address shown below before AT&T will
Droceed with any work.
This quote is only valid for 90 days from the date of this letter. If I can be of further assistance,
please do not hesitate to contact me at 305 690-0128
Sincerely,
i21~L ~. '2-c! II
Outside Plant Engineer
Printed Name
Title
Company
Date
Patrick E. Pritchett
Mgr Ops Ping & Design SE/CA
A T& T -Florida
04/10/2008
Return the oriainal sianed contracts and checks with the Job Authoritv Number referenced on
the checks to:
AT&T Affiliate Services - Manager Bills
PO Box 16649
Atlanta, GA 30321
(404) 586-1150
Exhibit "A"
SPECIAL CONSTRUCTION AGREEMENT
Authority: 8MN03092B
AT&T Contact: Patrick Pritchett
Telephone #: 305.690.0128
Customer Name: City of Sunny Isles Beach
Customer Number: 305.792.1701
Work Site Address: See Exhibit 1
This Special Construction Agreement ("Agreement") is entered into by and between
BellSouth Telecommunications, Inc. d/b/a AT&T Florida ("A T &T") and City of Sunny
Isles Beach, Florida ("Customer"). AT&T and Customer hereby agree to the following
terms and conditions:
1. Tariffs. This Agreement is subject to and controlled by the provisions of AT&T's
tariffs including but not limited to Section A5 of the General Subscriber Services
Tariffand Section B5 of the Private Line Services Tariff and all such revisions to said
tariffs 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"). As consideration for the Special Construction, Customer
shall pay to AT&T $29,900.74 ("Special Construction Charges"). Payment in full is
required before the special construction will begin. Payment shall be made by mail
to AT&T's offices at 250 Williams Street, NW; Suite 5020; Atlanta, Ga. 30303, or to
such other address as AT&T may designate, in writing.
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. Indemnification. To the extent permitted by applicable law, each party shall
indemnity and hold harmless the other party, and its officers, directors, agents,
employees, successors and assigns, from any claims, losses, or damages arising out of
the party's performance of this Agreement, except to the extent arising from the acts
or omissions of the other party.
5. Severabilitv. 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 Asshms. 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. HeadiDl!s. 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. Authoritv. 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.
1-
16. Final Ae:reement. 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 consideration
amount in this Agreement is only valid for 90 days from June 4, 2008. If this agreement
is not fully executed by then end of such 90-day period, then Customer will need to
request a new quote and agreement from AT&T.
WITNESSES:
BellSouth Telecommunications, Inc.
d/b/a AT&T Florida
BY:
Printed Name
BY:
Authorized Signature
WITNESSES:
TITLE:
DATE:
CITY OF SUNNY ISLES BEACH
er. /11,1 /I?J
rman S. Edelcup, Mayor
ATTEST:
By:~A-~
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFI IENCY
EXHIBIT 1
DESCRIPTION OF SPECIAL CONSTRUCTION
The Special Construction that is the subject of the Agreement to which this Exhibit 1 is
attached is as follows:
(1) Remove AT&T aerial cable from the FP&L and AT&T poles located along Collins
Avenue from 18Sth Street to 19Sth Street (the "Project Area"), including removal of
aerial service wire extending to customer premises along, and served by aerial cable
within, the Project Area ("Customer Premises"); (2) place underground cable and
service wire to replace the aerial cable and aerial service wire, resulting in conversion
of the aerial cable and service wire to underground; and (3) remove AT&T-owned
poles from the Project Area.
In addition to the conditions precedent to AT&T commencing the Special Construction
work identified in the Agreement to which this Exhibit 1 is attached, the following shall be
conditions precedent to AT&T commencing the work.
If any of these conditions precedent are not satisfied within six (6) months of the execution
of this Agreement, either party may terminate this Agreement by written notice to the
other party. In the event of such termination, AT&T shall return to the City any payment
received from the City for the work, except any portion of such payment to compensate
AT&T for any actual costs incurred for the work prior to termination.
A. (1) At no cost to AT&T, the City shall place, or shall have placed, the following
support structures along Collins Avenue for AT&T Florida's exclusive use (the
"Conduit") and shall have provided to AT&T as-built drawings showing the
precise location and nature of the Conduit, as installed:
Conduit as generally shown on drawings for job # 8MN03092B attached as
Attachment 1, as more specifically explained below:
· From an existing wood pole located west of Collins A venue and south of
Terracina Avenue centerlines to area north of the existing pavement. 1- 2"
PVC schedule 40 or better conduit, both ends to be identified in field with
markers.
· From an existing wood pole located east of Collins Avenue and north of
Terracina Avenue centerlines to an existing concrete pole located
approximately 175 feet south. 1-2" PVC schedule 40 or better conduit
with both ends identified in field with markers.
· From an existing pole located west of Collins A venue and east of Atlantic
Blvd. in line with existing utilities paralleling both streets (rear lot line)
north of 189th 81. to area south of the existing pavement and within the
existing easement. 2-4" PVC schedule 40 or better conduits with both
ends identified in the field with markers.
· From the northwest comer of the building at 18600 Collins Avenue to
existing wood pole located within the easement and west of building
approximately 25 feet. 1-2" PVC schedule 40 or better conduit with a
12" sweep up at both building and pole ends.
· From an existing wood pole located along the south side of I 86th St.
between Collins Avenue and Atlantic Blvd. 2-4" PVC schedule 40 or
better conduits north to grassy area within the easement north of I 86th
right of way. Both ends to be identified in field with marker.
The City shall coordinate with AT&T in connection with its and/or its contractor's
preparation of plans for the Conduit; shall provide to AT&T proposed plans therefor
for AT&T's review and comment prior to finalizing the plans; and shall incorporate
AT&T's comments into the fmal plans in order that they satisfy AT&T's
specifications, as outlined in this Section A. The City shall provide notice to AT&T
promptly following completion of installation of the Conduit.
(2) The City shall secure approval from each of the Customer Premises owners for
AT&T to place buried service wire on Customer Premises to replace aerial service
wire, in connection with the work. The City shall secure letters in substantially the
form attached as Attachment 2 signed by all legal owners of each of the Customer
Premises and shall deliver such signed letters to AT&T. It is understood that any such
approvals are not secured via such signed letters or if AT&T is otherwise prevented
from placing a buried drop on any Customer Premises for any reason, this condition
precedent shall not have been satisfied.
B. In instances where a joint trench will be dug for the placement of FP&L' sand
AT&T's facilities, FPL's facilities shall be placed at the bottom of the joint trench.
Any conduit placed for AT&T's use (whether in a single or joint trench) shall be at a
minimum depth of 24 inches below final grade, and there shall be at least a 12 inches
vertical separation with well tamped soil backfill between AT&T's facilities and
primary or secondary power facilities.
C. AT&T Florida will have exclusive use of the Conduit. If any of the foregoing is
placed incorrectly or is deficient as detennined by AT&T, following receipt of notice
to that effect from AT&T Florida, the City shall remedy the deficiency.
D . AT&T's commencement of the Special Construction work is also conditioned on
(1) the issuance of any necessary permits, if required, and (2) FP&L and the cable
company completing the removal of all of its facilities from the FP&L and AT&T
poles located in the Project Area.
Attachment 1
See attached drawings for job
I
I
ATTACHMENT 1
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Attachment 2
,2008
Re: Property Located at
Dear
Your above-referenced property is within the project area for a project to bury
aerial utility lines. The City has contracted with BellSouth Telecommunications, Inc.
d/b/a AT&T Florida to bury its lines within the project area. In connection with the
project, AT&T Florida will need to replace the aerial cable (called an aerial "service
wire") extending from your property line to your building/residence with a buried
service wire on your property to maintain its service to your property.
In the near future, AT&T Florida or its contractors will need to enter your
property to remove the aerial service wire (including removal of the wire where it is
attached to the side of your residence/building) and bury the new service wire
(including attaching the new wire to the side of your residence/building). The new wire
may not be attached in exactly the same area as the existing wire, so you may feel you
need to re-paint the current attachment area after the existing wire is removed.
Please sign below to indicate your agreement to the foregoing. If you have any
questions, please contact , at , with the City.
Sincerely,
Agreed to by:
.c Signature(s) of Property Owner(s)
Print N ame( s):
To:
Via:
From:
Date:
Re:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler" Vice Mayor
Roslyn Brezin Commissioner
Gerry Goodman Commissioner
George "Bud" Scholl, Commissioner
(305) 947-0606 City Hall
(305) 792-1565 Fax
(305) 947-2150 Building Department
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
Honorable Mayor and City Commission
A. John Szerlag, City Manager
Jorge L. Vera, Assistant City Manager/ Service Division
June 19, 2008
AT&T Undergrounding
RECOMMENDATION
It is recommended that the City Commission approved the attached contracts with AT&T for
undergrounding the phone lines.
REASONS
The City has the enclosed proposal from AT&T to underground the lines on the first phase of the
undergrounding project for the entire City. Phase 1 of the undergrounding of the phone lines is
from Terracina A venue or the North City limits along Collins Avenue to 185 Street including the
residential area in Golden Shores East of Atlantic Blvd. The cost for undergrounding the phone
cable for Phase 1 is $29,900.74. The undergrounding of this section will take a minimum of 5
months and will be done in conjunction with FPL undergrounding.
Funds are budgeted in 20-600-5656
Finance Department
Funding available:
1 () G
~-A-ol?
Agenda Item No.:
Commission Meeting Date:
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 I I 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Jorge L. Vera, Assistant City Manager/Services
Priscilla Walker, CMC, Deputy City Clerk~~
June 24, 2008
Approval of AT&T Phase I Undergrounding Agreement
At its regular meeting of June 19, 2008, the City Commission adopted Resolution No. 2008-
1278, which approved the above-referenced item. Attached is a copy of the approving resolution
and two partially-executed original Agreements to assist you in processing this item.
Upon return by the vendor, please forward a fully-executed original Agreement to the
Office of the City Clerk for the record.
Thank you.
/pw
Attachments
cc: A. John Szerlag, City Manager (memo only)
At&T Phase I Undergrounding Agrmt Trans Memo