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HomeMy WebLinkAboutR-2021-091 AT&T Agreement for Facility Undergrounding at Beach and to Exceed $25KRESOLUTION NO.2021-091 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PUBLIC SERVICES DEPARTMENT TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY WITH AT&T FOR FACILITY UNDERGROUNDING IN THE AMOUNT OF THIRTY-SEVEN THOUSAND SEVEN HUNDRED FIFTY- ONE DOLLARS AND SEVENTY-TWO CENTS ($37,751.72); TO WAIVE COMPETITIVE BIDDING; TO EXCEED THE ANNUAL VENDOR TOTAL AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment, and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if she is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, "Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection (a), sets the monetary threshold at Twenty -Five Thousand Dollars ($25,000.00) for a vendor each fiscal year; and WHEREAS, the undergrounding of the utilities along the beach is an identified project in the Dania Beach Ocean Park Master Plan; and WHEREAS, the Public Services Department Director has determined that undergrounding of AT&T utility lines is best done and at the least cost to the City, without competitive bidding and without advertisements for bids, by AT&T; and WHEREAS, the Public Services Department is requesting City Commission approval to utilize AT&T for undergrounding of their telephone lines at the beach, as described in the Agreement which is attached as Exhibit "A" and is incorporated into this Resolution by this reference; and WHEREAS, services requested may exceed the annual vendor amount of Twenty -Five Thousand Dollars ($25,000.00) threshold for a single vendor, therefore, require City Commission approval; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes and ratifies the agreement for purchase of telephone facility undergrounding at the beach for services in the amount of Thirty - Seven Thousand Seven Hundred Fifty -One Dollars and Seventy -Two Cents ($37,751.72) exceeding the annual amount of Twenty -Five Thousand Dollars ($25,000.00) purchase threshold for a single vendor. Section 3. That funding for this agreement is available in Capital Projects Fund Beach Revitalization Project Account No. 301-72-60-572-63-10. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall become effective upon its passage and adoption. PASSED AND ADOPTED on June 22, 2021. ATTEST: �THOMA SCNEIDER, CMC CITY CLERK APPROVED AS f — 1") THOMAS J. CITY ATTO Y AND T ARA JAMS MAYOR O �isHEo1� �O SS: 2 RESOLUTION #2021-091 at&t 61412021 City Of Dania Beach 1201 Stirling Road Dania Beach, FL 33004 RE: UNDERGROUND FACILITIES ALONG NORTH BEACH RD FROM 65 N BEACH ROAD TO A POLE 577F7- NORTH EAST OF THIS LOCATION: AT&T has received a request from you (or your company) to perform the following work: PLACE FACILITIES FROM AERIAL TO UNDERGROUND FROM FROM 65 N BEACH ROAD TO A POLE 577FT NORTH EAST OF THIS LOCATION ALONG NORTH BEACH RD. ESTIMATED COST $35,751.72, THE QUOTE PREPARATION FEE OF $2,500 PREVIOUSLY PAID WILL BE CREDITED TO THE TOAL AMOUNT OF THE ESTIMATED COST. 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 954-249-3366 Sincerely, Josue Ocando 954-249-3366 OSP Engineer - AT&T Florida Engineering & Construction Project # A01P1 GS Job Authority # 9EA75142B NOTE: Please associate the Project # above with the check or other form of payment. Return the original signed contract to: ATT Southeast AT&T CWO Coordinator 1876 Data Drive 5th Floor North Hoover, AL 35244 Attention: Jannet Ingram aW 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 #: A01 P1 GS Customer Name: City Of Dania Beach Authority: 9EA75142B Customer Number: 954-924-6800 AT&T Contact: Josue Ocando Work Site Address: 1201 Stirling Rd, Dania Beach, FL, 33004 Telephone #: 954-249-3366 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 Dania Beach ("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. aW 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. Changes in Scope of Work and Unanticipated Conditions. The parties recognize that this is an 'Actual Cost' contract. "Actual Cost" means that Customer will be provided with a final bill after the completion of all work and agrees to pay said final bill. The final bill will be calculated based on AT&T's own billing practices and work performed, which Customer agrees to accept. The final bill for the Actual Cost may exceed the preliminary cost estimate that has been provided for this work, which customer acknowledges and agrees to. AT&T is not required to provide the Customer with prior notice that the Actual Cost has exceeded the preliminary cost estimate prior to providing the final bill. Further, if the Customer initiates changes in the scope of the work after AT&T has provided the preliminary 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 any conditions in the field that are 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. Differing field conditions are but one example of why the Actual Cost may exceed the preliminary cost estimate. Further, items that Customer has agreed to provide in connection with the Special Construction work, such as (but not limited to) providing conduit and/or handholes, as well as appropriate easements and/or right of way for the work, must be suitable to AT&T's purposes. If these items are not suitable or AT&T is forced to acquire or provide them, it will result in increased costs that Customer agrees to pay. at&t 17. Customer Obligations. Customer agrees to provide appropriate easements and/or rights of way, as determined by AT&T, to AT&T for its converted lines and any cabinets, terminals, or other facilities necessary for the Special Construction work. Further, Customer agrees to provide and place suitable conduit and handholes for AT&T's use in the Special Construction work. Should Customer not provide these items, Customer understands and agrees that it will result in increased costs above the estimate provided, which Customer agrees to pay. 18. 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 Ana M. Garcia Printed Name Authorized Signature Title City Manager Attest: Thomas Schneider, CIVIC City Clerk AT&T Southeast By Josue Ocando Printed Blame By Authorized Signature Title Manager OSP Planning & Dsign Date 61412021 APPROVED AS TO LEGAL FORM AND CORRECTNESS Thomas J. Ansbro City Attorney 2021 at&t EXHIBIT 1 DESCRIPTION OF SPECIAL CONSTRUCTION Per City Request, AT&T will underground aerial facilities from 65 N Beach Rd to a pole 577ft north east of this location along N Beach Rd. AT&T will provide the conduits to run new facilities.