HomeMy WebLinkAboutReso 2009-1473
RESOLUTION NO. 2009 - ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING THE APPROVAL OF
A SPECIAL CONSTRUCTION AGREEMENT WITH "AT&T"
FLORIDA FOR PHASE II OF THE UNDERGROUNDING PROJECT
IN THE ATLANTIC ISLE AREA, IN AN AMOUNT NOT TO EXCEED
ONE HUNDRED SIX THOUSAND FIVE HUNDRED SEVENTY-FIVE
DOLLARS AND FIVE CENTS ($106,575.05), 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; and
WHEREAS, AT&T Florida will underground the lines on the second phase of the
undergrounding project for the entire City being done together with the Atlantic Isles Sewer and
Drainage Project; and
WHEREAS, in Phase II of the undergounding project AT&T Florida will retire/remove
existing telephone facilities on Atlantic Isles Boulevard and place new telephone facilities in
areas designated by the City via conduits placed by the City, as well as removal and replacement
of all distribution terminals, cables, service wires, associated splicing work, and testing of new
facilities; and
WHEREAS, AT&T Florida has submitted a proposal for Phase II of the Undergrounding
Project in the Atlantic Isle area, in the amount of One Hundred Six Thousand Five Hundred
Seventy-Five Dollars and Five Cents ($106,575.05), attached hereto as Exhibit "A".
WHEREAS, purchases made under state general service administration contracts,
federal, county or other governmental contracts or competitive bids with other governmental
agencies are exempt from the City's competitive bidding procedures; and
WHEREAS, the City Commission wishes to ratify the approval of the Agreement with
AT&T /BellSouth for the provision of said services, 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 I. Ratification of Approval of Agreement. The Special Construction Agreement with
AT&T Florida, for Phase II of the Undergrounding Project, in the amount of One Hundred Six
Thousand Five Hundred Seventy-Five Dollars and Five Cents ($106,575.05), attached hereto as
Exhibit "A", be, and the same, is hereby approved.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Agreement.
R2009- AT&T Agmt Ratify for Undergrounding Project Atlantic Isle
Page I of2
Section 3.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 17th day of September 2009.
ATTEST:
~"-l~~
Jane A. Hines, C~C, City Clerk
APPROVED AS TO FORM
AN SUFFICIENCY:
Moved by: C.t>~ aGOi\~
Seconded by: Com~ &e~W
Vote: 3-[)- 2
Mayor Edelcup - r\b ~4-,..~-e4 -
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman ..I _ ....11
Commissioner Scholl- ft'bi~ -
_(Yes)
~(Yes)
v(Yes)
0Yes)
_(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2009- AT&T Agmt Ratify for Undergrounding Project Atlantic Isle
Page 2 of2 .
~~ at&t
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SPECIAL CONSTRUCTION AGREEMENT
Project #: 7334211
Authority: 9MN01035B
AT&T Contact: Darren Thomas
Customer Name: Jorge Vera
Customer Number: 305-792-1701
Work Site Address: Atlantic Avenue from
Collins Avenue to the cul-de-sac at 334 Atlantic
Avenue, Sunny Isles Beach, FL
Telephone #: (305) 690-9691
This Special Construction Agreement ("Agreement") is entered into by and between BellSouth
Telecommunications, Inc. 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:
I. Tariffs. This Agreement is subject to and controlled by the provisions of AT&T's tariffs including but
not limited to Section AS of the General Subscriber Services Tariff and Section BS 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 A T& T
----:r $106,575.05 - Quotation charge already subtracted ("Special Construction Charges").
Payment in full is required within thirty days after AT&T issues an invoice to the
Customer for the Special Construction Charges. Payment shall be made by mail to
AT&T's offices at 600 North Pointe Parkway; Alpharetta, Ga., 30005, or to such other address
as AT&T may designate, in writing. Should Customer fail to pay any invoice within thirty days,
Customer shall be liable for late payment and interest charges, and for all reasonable costs of
collection, including attorney's fees, and AT&T may suspend or deny any services which are
dependent upon the Special Construction, until any outstanding balance related to the Special
Construction Charges is paid in full.
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 in no event shall exceed Special
Construction Charges paid by Customer AT&T.
5. Severability. A.ny 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 herd to be invalid or unenforceable.
6. Successors and Assi~ns. This Agreement is binding upon and shall inure to the benefit of
the parties and their respective successors and assigns.
Exhibit "A"
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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. Headinas. 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.
16. Final AQreement. 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.
.-...;.,..;
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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 90 days
from the date of this letter. If AT&T does not receive the original signed contract within 90 days
or otherwise hear from you (or your company) the work order will be canceled.
CUSTOMER
By /<1 C.e e&M 6'Fe-
/
By 3)~
Auth tzed Signature
Title (} I ry /h A-n ('1-; -e- L-
Date ~/~/o7
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
~AAAM AA 6.-\ :&' F7>4
-- HANS OffiNO'f, CITY A'ITO Y
AT&T Southeast
By Darren Thomas
Printed Name
By CY~~
Authorized Signature
Title Manager Outside Plant Planning
& Engineering Design
Date July 21, 2009
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EXHIBIT 1
DESCRIPTION OF SPECIAL CONSTRUCTION
Retirelremove existing telephone facilities on Atlantic Ave. (Atlantic Isles Ave) and place new
telephone facilities in areas designated by the City of Sunny Isles Beach Florida via conduits
placed by the City. This work will include the removal and replacement of all distribution
terminals, cables, service wires, associated splicing work, and testing of new facilities. This work
is to be performed in conjunction with the Atlantic Avenue Road Project.
New conduits and/or easements may be required as development of the area progresses. A T& T
will provide telephone services in accordance with all of the applicable provisions of the Florida
Public Service Commissions Guidelines as described in Part IV, Chapter 25.
Preview
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Jorge L. Vera, Assistant City Manager 1 Service
DATE:
9/17/2009
RE:
Undergrounding of telephone lines for A TT
RECOMMENDATION:
It is recommended that the City Commission approved the attached resolution with AT&T
for undergrounding the phone lines.
REASONS:
The City has the enclosed proposal from AT&T to underground the lines on the second
phase of the undergrounding project for the entire City. Phase 1 of the undergrounding of
the phone lines is 172nd Street from Collins Avenue to North Bay Road. The cost for
undergrounding the phone cable for phase 2 is for the amount not to exceed $106,575.05.
The undergrounding of this section is being done together with the Atlantic Isles Sewer and
Drainage project and also in conjunction with FPL undergrounding. The conduits have
already been buried, now A IT has to run all the phone lines.
FUNDING SOURCE:
Funds are budgeted in 20-600-5653
ATTACHMENTS:
. Resolution
. Agreement
Agenda Item
Date
http://sibagenda.sibfl.net/agenda/Preview.aspx?ltemID=7l &MeetingII