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HomeMy Public PortalAboutAT&T - Public Safety Building at&tsa- 10/21/2013 Diane Schleicher City Hall Tybee Island, GA 31328 RE: Removal of cables in conflict with the new public safety building: AT&T has received a request from you (or your company) to perform the following work: Removal of cables in conflict with the new public safety building with an estimated cost of $25,476.23. 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 (912)238-1018. Sincerely, Mike Ravita (912)238-1018 At&t Georgia Project # 9347237 Job Authority # 4RL750308 NOTE: Please associate the Project # above with the check or other form of payment. Return the original signed contract to: ATT Southeast 138 Southern Blvd Savannah, GA 31405 Attention: Mike Ravita Payment in full is required within thirty days after the date of the AT&T invoice for the charges associated with the work performed. at&t SPECIAL CONSTRUCTION AGREEMENT Project#: 9347237 Customer Name: City of Tybee Island, GA Authority: 4RL75030B Customer Number: 9124725092 AT&T Contact: Mike Ravita Work Site Address: 78 Van Horne Drive Telephone#: 9122381018 This Special Construction Agreement("Agreement") is entered into by and between BellSouth Telecommunications.LLC.d/b/a AT&T Southeast("AT&T")and City of Tybee Island,GA("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 Georgia , without regard to _Georgia '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. ..��i atsit 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 _1L\SD i% ky. By ;"V 1,J(E Ail Printed Name Printed Name By 9_ lr; By Authorized Signature Auihoriz d Signature Title 141-1/4. Title Mgr. OSP Ping&1Engrg Design Date 13 Date 10/21/2013 < ,,f fre L ,41-51-7- -T- at&t EXHIBIT 1 DESCRIPTION OF SPECIAL CONSTRUCTION Place new copper and fiber facilities. Design contingent on 4" pipe placed for at&t by city of tybee. Move current working lines to new copper and fiber facilities. Maintain service at current police department and 911 center. Remove aerial and buried conflicts with new building.