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.
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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.
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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.
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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 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
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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.