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HomeMy Public PortalAboutAT&T - 12-14-16aW 12/14/2016 Town of Gulfstream 100 Sea Road Gulfstream, FL 33423 RE., Phase II underground work in the Town of Gulfstream: AT&T has received a request from you (or your company) to perform the following work: Place all ATT aerial facilities along N Ocean Blvd between Little Club Rd and Golfview Dr and west to the intracoastal underground -$420,581.79 of 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 561-988-6506. 4Sinc T4,vl� George Thomas 561-988-6506 ATT Southeast Project # AOODC10 Job Authority # 8E837290A NOTE: Please associate the Project # above with the check or other form of payment Return the original signed contract to; ATT Southeast 321 SE 2nd Street Delray Beach,FL 33483 Attention: George Thomas- 20d FLR Payment in full is required within thirty days after the date of the AT&T invoice for the charges associated with the work performed. aw SPECIAL CONSTRUCTION AGREEMENT Project #: A00DC10 Authority: 8ES37290A AT&T Contact: George Thomas Telephone #: 561-988-6506 Customer Name: Town of Gulfstream Customer Number: 561-276-5116 Work Site Address: N/A 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 Gulfstream ("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. at&t 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. Authori . 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. Changes in Scope of Work. The parties recognize that this is an 'Actual Cost' contract. A preliminary cost estimate has been provided. If the Customer initiates changes in the scope of the work after AT&T has provided this 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 a condition in the field that is 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. 17. 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. at&t 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 AT&T Southeast By Scott Morgan By George Thomas Printed Name Print d Name By By A orizedSignatu a Authorized Signature Title Mayor Title Mngr-OSP Engg & Dsgn Date -5 -A/o- Date 12/14/2016 at&t EXHIBIT 1 DESCRIPTION OF SPECIAL CONSTRUCTION ATT to place underground its aerial facilities in phase II of the underground work in the Town of Gulfstream. The area included in phase II is N Ocean Blvd south from Little Club Rd to Golfview Dr and all areas west of this boundry to the intracoastal waterway. ATT will use the conduits and handholes provided by the customer to accomplish this and should the need arise place additional handholes or conduits.