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Home My Public Portal AboutAT&Taw 05/09/2016 The Town of GullStream 100 Sea Road GullStream, FL 33423 RE: GullStream Phase 2 Undergrounding Mayor Scott Morgan: AT&T has received a request from you (or your company) to perform the following work: Place aerial facilities in the Town of GullStream underground Special construction charges apply to your request A quotation preparation charge of $25,000 must be paid in advance to AT&T Florida to offset the expenditures incurred for providing the estimated detailed special construction quotation. After this payment is received, we will proceed with developing the detailed quotation charge for the special construction associated with your request. After the quotation preparation payment has been received and the detailed special construction charge has been developed, a contract with this information will be provided to you for your approval. Once the agreement to pay the special construction charge is confirmed by returning the original signed contract, AT&T will schedule the work to meet your request. You will be credited the quotation preparation payment against the detailed special construction charge. This quotation preparation payment is non-refundable and must be received in the If I can be of further assistance, please do not hesitate to contact me at 561-988-6506 Sincerel 4 Outside Plant Engineer Contact Information Printed Name George Thomas Title Mngr-OSP engg & dsgn Company AT&T Flonda Project # AOODCIO Service Order N/A Return this letter and Payment to the address below. This letter must accompany the payment in order for the Engineershown above to be notified to begin development of the detailed above to be notified to begin development of the detailed cos�for your work reauestyour work reauest AT&T CWO Coordinator 1876 Data Drive 5`h Floor North Attention: Susan Rinehart (Contact:susan.rinehart@att.com) Hoover, AL 35244 Z �S W Q~ N Ww � N LLdm LL ~❑ Q N U J W a J O,o� LL a D❑-¢ Zn CO Om C7 F.. w Z ro 0 ri w Ei La E+ LL: O w }Fw C�o 0 0 0 C) C) Ln N 111 m C9° N ¢ Q J J O 0 ro m a — 0 @ 8 ti_ 4 La N 0 5 FLn 0 w H Im O � O El) w O a TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN R. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT DERING ROBERT W. GANGER DONNA S. WHITE December 12, 2013 AT&T CWO Coordinator 3535 Colonnade Parkway, Room North W3D Birmingham, AL 35243 Attention: Sandy Tribble Dear Ms. Tribble: Telephone (561)276-5116 Fax (561)737-0166 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Please find enclosed the original Special Construction Agreement that has been fully executed. This covers Project #8687379, Authority: 3E837006B. We have kept a fully executed copy of this agreement for our files. We have also enclosed our check #5010 in the amount of $136,450.38 as requested in paragraph 2. of this Special Construction Agreement. Do not hesitate to contact us if you have any questions. Very truly yours, Rita L. Taylor Town Clerk Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 aw 12/09/2013 Town of Gulf Stream 100 Sea Road Gulfstream, F133483 RE: Gulf Stream underground: AT&T has received a request from you (or your company) to perform the following work: <Work to be done to place existing aerial AT&T facilities underground in the town of Gulf Stream 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. This signed contract and Payment must be received in the Manager Bill center at the address shown below before AT&T will Proceed wrth any work, This quote is only valid for 60 days from the date of this letter. If can be of further assistance, please do not hesitate to contact me at 561-988-6506 Sincerely, George Thomas 561-988-6506 ATT Southeast j Project # 8687379 Job Authority # 3EB37006B NOTE: Please associate the Project # above with the check or other form of payment. Return the original signed contract and payment to: AT&T CWO Coordinator 3535 Colonnade Parkway Room North W3D Attention: Sandy Tribble Birmingham, AL 35243 aw SPECIAL CONSTRUCTION AGREEMENT Project #: 8687379 Authority: 3E837006B AT&T:Contact: George Thomas Telephone #: 561-988-6506 Customer Name: Town of Gulf Stream Customer Number: 561-307-9454 Work She Address: State Rd Al This Special Construction Agreement ("Agreement") is entered into by and between BellSouth Telecommunications, LLC. d/b/a AT&T Southeast ("AT&T") and Town of Gulf Stream ("Customer"). AT&T and Customer hereby agree to the following terms and conditions: Tarfffs/Gaidebooks. 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"). As consideration for the Special Construction, Customer shall pay to AT&T $136,450.38 ("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 3535 Colonnade Parkway, Room North W3D, Birmingham, AL 35243, or to such other address as AT&T may designate, in writing. S. 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 upfront 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 an 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. aw 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. 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 Joan K. Orthwein Printed Name By V��GG�� Authonzed Signature Title Mayor Date 17./ tq 13 AT&T Southeast By George Thomas Printed Name By Authorized Signature Title Mngr-OSP dsgn Date 12/0g1201-5 EXHIBIT 1 DESCRIPTION OF SPECIAL CONSTRUCTION -� c ::,The customer to provide all necessary conduits and handholes. AT&T to place cables underground utilizing the conduits and handholes , do the necessary splicing of all fiber and copper cables.Cutover all working circuits from the existing aerial facilities to the newly constructed underground facilities.Remove aerial facilities upon completion. The final bili reflects the total cost for the job less the initial $25,000.00 paid by customer. O O O O Ln ❑ 0 i rt x 0 G En ESE ■ c. m C Z 0� (1) O T OZ a�oo mD a �'n r Do T>m r m y mm m V 1D Z 0