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.
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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 _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
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,41-51-7- -T-
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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.