Resolution 2023-32683 RESOLUTION NO: 2023-32683
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE FOLLOWING UTILITY
RELOCATION COSTS ASSOCIATED WITH THE DEVELOPMENT OF THE
NEW FIRE STATION NO. 1 AT 833 6TH STREET: (1) TO FLORIDA POWER
AND LIGHT (FPL), A $10,000.00 DEPOSIT FOR ENGINEERING SERVICES
AND THE ESTIMATED AMOUNT OF $506,000.00, PLUS A 10%
CONTINGENCY ($50,600.00), FOR CONSTRUCTION COSTS ASSOCIATED
WITH THE RELOCATION OF THE FPL UTILITY FACILITIES, FOR A TOTAL
AMOUNT NOT TO EXCEED $566,600.00; SAID COSTS INCLUDING THE
RELOCATION OF EXISTING DUCT BANK, ABANDONMENT OF EXISTING
VAULT ROOM, AND INSTALLATION OF TEMPORARY POWER DURING
CONSTRUCTION; AND (2) TO AT&T, THE ESTIMATED AMOUNT OF
$392,681.05, PLUS A 10% CONTINGENCY ($39,268.11), FOR A TOTAL
AMOUNT NOT TO EXCEED $431,949.16 FOR THE PREPARATION OF A
DETAILED DESIGN AND BINDING COST ESTIMATE AND THE
CONSTRUCTION COSTS RELATED TO THE RELOCATION OF THE AT&T
FACILITIES; AND APPROVING, IN SUBSTANTIAL FORM, LETTER
AGREEMENTS WITH FPL AND AT&T,AUTHORIZING THE PREPARATION OF
COST ESTIMATES FOR THEIR RESPECTIVE WORK; AND FURTHER
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ANY
DOCUMENTS OR AGREEMENTS RELATED TO THE RELOCATION WORK
FOR EACH UTILITY, SUBJECT TO APPROVAL BY THE CITY ATTORNEY.
WHEREAS, On July 31, 2019, pursuant to Request for Qualifications (RFQ) No. 2019-
208-ND, the Mayor and City Commission adopted Resolution No. 2019-30913 approving and
authorizing the Mayor and City Clerk to execute an Agreement with Wannemacher Jensen
Architects, Inc. (WJA),for Architectural and Engineering Design Services,for the new Fire Station
No. 1 facility("Fire Station Project" or"Project"); and
WHEREAS, in January 2021, WJA submitted 30% construction documents for the new
Fire Station Project at the site of the South Shore Community Center, 833 6th Street, in the
Flamingo Park Neighborhood ("Project Site"; and
WHEREAS, the proposed 29,369 square feet facility will provide four drive-thru apparatus
bays, living spaces, offices, a kitchen, a gym, support facilities, and 34 parking spaces; and
WHEREAS, the Fire Station Project shall maintain vehicular access to surface parking lot
P-11 which is located on site, and to the Meridian Court alley(Alley); and
WHEREAS, In July 2021, the Fire Station Project was submitted to the Planning
department for Historic Preservation Board (HPB) review; and on December 8, 2021, the City
Commission approved Resolution 2021-31949, for the waiver of Development Regulations
pursuant to Section 142-425(d) of the Land Development Regulations, after a duly noticed public
hearing, as required for the Project design; and
WHEREAS, on March 8, 2022, after two presentations to the HPB, the updated design
incorporating all design modifications was approved; and
WHEREAS, conditions to the approval by the HPB includes preparation of a Unity of Title
for the parcels of land that comprise the Project Site; and
WHEREAS, this will require vacation of the existing right-of-way which currently runs
beneath the existing building; and
WHEREAS, during the development of the 60% and 90% Construction Documents, the
consultants coordinated with several utility providers that exist on site and determined that Florida
Power and Light(FPL)and AT&T have utilities that run under the existing building which will need
to be relocated in order to continue to serve the future Fire Station and rest of the surrounding
area; and
WHEREAS, the relocation of the utilities will be addressed as a part of the Fire Station
Project; and
WHEREAS, on March 27, 2023, the Mayor and City Commission adopted Resolution
2023-32520, approving an amendment to the contract with WJA, to include the services
necessary to address the relocation of the FPL and AT&T utilities; and
WHEREAS, in a companion City Commission Agenda item, the City Manager is seeking
approval: (1) to vacate the Alley, as a critical component of the Fire Station Project; (2) to grant
non-exclusive easements for use of an easement area by the current utility providers and future
utility providers, as needed, within an easement area having approximately 4,132 square feet, to
serve the needs of the new Fire Station No. 1 and surrounding properties; and (3) to grant FPL
an exclusive easement for the construction, operation and maintenance of a vault room, within an
easement area having approximately 318 square feet, in order to replace the vault room that is
currently located on the Project Site; and
WHEREAS, several meetings have been held with representatives of FPL to coordinate
the scope of work required for the relocation of the electrical service which currently runs under
the building; and
WHEREAS, FPL proposes to relocate the existing duct bank under the building, abandon
the FPL transformer vault (room), install cables necessary for continued service to the
neighborhood through the alley, and provide temporary electrical service to the Project for use
during construction; and
WHEREAS, the service will run from a manhole on 6th Street east to Meridian Avenue,
north on Meridian Avenue and then west across the P-11 parking lot to connect to the existing
service in the alley; and
WHEREAS, FPL will reconstruct all trenches on the public right-of-way, while the City's
contractor will mill and resurface the entire area at the end of construction of the fire station; and
WHEREAS, FPL will provide the materials for installation by the City's contractor, and
coordinate with the City's contractor the installation of the new duct bank on private property, as
well as the new, permanent electrical service and transformer vault; and
WHEREAS, FPL has provided a non-binding "ballpark" estimate for the required services
for the relocation of the underground electrical service lines in the amount of $516,000, which
includes an engineering deposit of $10,000.00, a draft copy of which is attached to the City
Commission Memorandum accompanying this Resolution as Exhibit A; and
WHEREAS, similarly, meetings were held with representatives of AT&T, to coordinate the
scope required to reroute their lines and facilities which conflict with the construction of the new
fire station; and
WHEREAS, AT&T proposes to reroute their lines from a manhole on 6th Street east, north
on Meridian Avenue, west across the P-11 parking lot, and north on the Alley, to an existing
manhole on 7th Street; and
WHEREAS, AT&T has provided a Letter of Agreement for Custom Work and Estimate of
Actual Cost Government Agreement, for the required services for the relocation of their utilities,
in the amount of $392,681.05, a draft copy of which is attached to the City Commission
Memorandum accompanying this Resolution as Exhibit B; and
WHEREAS, the project has$550,000 budgeted as an allowance for utility relocations and
upgrades; and
WHEREAS, the total cost of the work required by FPL and AT&T exceeds the allocated
budget by$448,549.16; and
WHEREAS, upon presentation of the Guaranteed Maximum Price (GMP) by the
contractor, staff will evaluate the total project cost and determine the final budget shortfall if any;
and
WHEREAS, this Resolution seeks approval to pay for the costs associated with the
relocation of the FPL &AT&T utility facilities, which are in conflict with the Project Site, including
a ten percent (10%) contingency, as follows: (1) to FPL, for a deposit in connection with
engineering services related to the relocation of the FPL utilities, in the amount of $10,000.00,
and construction costs associated with the relocation of the FPL utility facilities, in an estimated
amount of $506,000.00, plus a 10% contingency ($50,600.00), for a total sum not to exceed
566,600.00; and (2) to AT&T, for design, engineering, and construction costs, in the estimated
amount of $392,681.05, plus a 10% contingency ($39,268.11), for a total sum not to exceed
$431,949.16; and
WHEREAS, the City Manager recommends approving, in substantial form, the Letter
Agreements with each of the utility providers, a draft copy of which are attached to the City
Commission Memorandum accompanying this Resolution as Exhibits A and B, subject to the
Administration finalizing negotiations with the utility providers; and further seeks authority to
execute any other documents or agreements related to this utility relocation work consistent with
this Resolution, subject to form approval by the City Attorney.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the following utility relocation costs associated with the development
of the new Fire Station No. 1 at 833 6th Street: (1)to Florida Power and Light(FPL), a$10,000.00
deposit for engineering services and the estimated amount of $506,000.00, plus a 10%
contingency ($50,600.00), for construction costs associated with the relocation of the FPL utility
facilities, for a total amount not to exceed $566,600.00; said costs including the relocation of
existing duct bank, abandonment of existing vault room, and installation of temporary power
during construction; and (2) to AT&T, the estimated amount of $392,681.05, plus a 10%
contingency ($39,268.11), for a total amount not to exceed $431,949.16 for the preparation of a
detailed design and binding cost estimate and the construction costs related to the relocation of
the AT&T facilities; and approve, in substantial form, letter agreements with FPL and AT&T,
authorizing the preparation of cost estimates for their respective work; and further authorize the
City Manager and City Clerk to execute any documents or agreements related to the relocation
work for each utility, subject to approval by the City Attorney.
PASSED and ADOPTED this 42 day of Iu( , 2023.
Dan Gelber, Mayor
ATTEST:
JUL 28223
Rafael E. Granado, City Clerk : ''
�INCORP�ORkiED:'
APPROVED AS TO
FORM Er LANGUAGE
FOR EXECUTION
City Attorney ?Z Date
Resolutions -C7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 26, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE FOLLOWING UTILITY
RELOCATION COSTS ASSOCIATED WITH THE DEVELOPMENT OF THE
NEW FIRE STATION NO. 1 AT 833 6TH STREET: (1) TO FLORIDA POWER
AND LIGHT (FPL), A$10,000.00 DEPOSIT FOR ENGINEERING SERVICES
AND THE ESTIMATED AMOUNT OF $506,000.00, PLUS A 10%
CONTINGENCY ($50,600.00), FOR CONSTRUCTION COSTS
ASSOCIATED WITH THE RELOCATION OF THE FPL UTILITY
FACILITIES, FOR A TOTAL AMOUNT NOT TO EXCEED $566,600.00; SAID
COSTS INCLUDING THE RELOCATION OF EXISTING DUCT BANK,
ABANDONMENT OF EXISTING VAULT ROOM, AND INSTALLATION OF
TEMPORARY POWER DURING CONSTRUCTION; AND (2) TO AT&T, THE
ESTIMATED AMOUNT OF $392,681.05, PLUS A 10% CONTINGENCY
($39,268.11), FOR A TOTAL AMOUNT NOT TO EXCEED $431,949.16 FOR
THE PREPARATION OF A DETAILED DESIGN AND BINDING COST
ESTIMATE AND THE CONSTRUCTION COSTS RELATED TO THE
RELOCATION OF THE AT&T FACILITIES; AND APPROVING, IN
SUBSTANTIAL FORM, LETTER AGREEMENTS WITH FPL AND AT&T,
AUTHORIZING THE PREPARATION OF COST ESTIMATES FOR THEIR
RESPECTIVE WORK; AND FURTHER AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE ANY DOCUMENTS OR
AGREEMENTS RELATED TO THE RELOCATION WORK FOR EACH
UTILITY, SUBJECT TO APPROVAL BY THE CITYATTORNEY.
RECOMMENDATION
The Administration recommends that the City Commission approve the resolution.
_BACKGROUND/HISTORY
On July 31, 2019, pursuant to Request for Qualifications (RFQ) No. 2019-208-ND, the Mayor
and City Commission adopted Resolution No. 2019-30913 approving and authorizing the Mayor
and City Clerk to execute an Agreement with Wannemacher Jensen Architects, Inc. (WJA), for
Architectural and Engineering Design Services, for the new Fire Station No. 1 facility ("Fire
Station Project').
Page 420 of 1588
In January 2021, WJA submitted 30% construction documents for the new Fire Station Project
at the site of the South Shore Community Center, 833 6th Street, in the Flamingo Park
Neighborhood. The proposed 29,369 square feet facility will provide four drive-thru apparatus
bays, living spaces, offices, a kitchen, a gym, support facilities, and 34 parking spaces.
Vehicular access is maintained to surface parking lot P-11 which is located on site, and to the
alley, Meridian Court.
In July 2021, the project was submitted to the Planning department for Historic Preservation
Board (HPB) review, and on December 8, 2021, the City Commission approved Resolution
2021-31949, for the waiver of Development Regulations pursuant to Section 142-425(d) of the
Land Development Regulations, after a duly noticed public hearing, as required for the project
design.
On March 8, 2022, after two presentations to the HPB, the updated design incorporating all
design modifications was approved. Conditions to the approval by the HPB includes preparation
of a Unity of Title for the parcels of land that comprise the project site. This will require vacation
of the existing right-of-way which currently runs beneath the existing building.
During the development of the 60% and 90% Construction Documents, the consultants
coordinated with several utility providers that exist on site. It was determined that Florida Power
and Light(FPL)and AT&T have utilities that run under the existing building which will need to be
relocated in order to continue to serve the future Fire Station and rest of the surrounding area.
The relocation of the utilities will be addressed as a part of the Fire Station Project.
On October 9, 2022, the Mayor and City Commission adopted Resolution 2023-32520
amending the contract with WJA, to include the services necessary to address the relocation of
the FPL and AT&T utilities.
In a companion City Commission Agenda item, the City Manager is seeking approval: (1) to
vacate the Alley, as a critical component of the Fire Station Project; (2) to grant non-exclusive
easements for use of an Easement Area, by the current utility providers and future utility
providers, as needed, having approximately 4,132 square feet, to serve the needs of the new
Fire Station No. 1 and surrounding properties; and (3)to grant FPL an exclusive easement for
the construction, operation and maintenance of a vault room within a portion of the Easement
Area, having approximately 318 square feet, in order to replace the vault room that is currently
located on the development site.
ANALYSIS
Several meetings have been held with representatives of FPL to coordinate the scope of work
required for the relocation of the electrical service which currently runs under the building. FPL
proposes to relocate the existing duct bank under the building, abandon the FPL transformer
vault (room), install cables necessary for continued service to the neighborhood through the
alley, and provide temporary electrical service to the project for use during construction. The
service will run from a manhole on 6th Street east to Meridian Avenue, north on Meridian Avenue
and then west across the P-11 parking lot to connect to the existing service in the alley. FPL will
reconstruct all trenches on the public right of way, while the City's contractor will mill and
resurface the entire area at the end of construction of the fire station. FPL will provide the
•
Page 421 of 1588
materials for installation by the City's contractor, and coordinate the installation of the new duct
bank on private property and the new, permanent electrical service and transformer vault with the
City's contractor. FPL has provided a non-binding "ballpark" estimate for the required services
for the relocation of the underground electrical service lines in the amount of $516,000, which
includes an engineering deposit of$10,000.00 (Exhibit A).
Similarly, meetings were held with representatives of AT&T, to coordinate the scope required to
reroute their lines and facilities which conflict with the construction of the new fire station. They
propose to reroute their lines from a manhole on 6th Street east, north on Meridian Avenue,west
across the P-11 parking lot, and north on the Alley, to an existing manhole on 7th Street. AT&T
has provided a Letter of Agreement for Custom Work and Estimate of Actual Cost Government
Agreement, for the required services for the relocation of their utilities, in the amount of
$392,681.05 (Exhibit B).
The project has $550,000 budgeted as an allowance for utility relocations and upgrades. The
total cost of the work required by FPL and AT&T exceeds the allocated budget by$448,549.16.
Upon presentation of the Guaranteed Maximum Price (GMP) by the contractor, staff will
evaluate the total project cost and determine the final budget shortfall if any.
SUPPORTING SURVEY DATA
Not applicable.
FINANCIAL INFORMATION
Not applicable.
Amount(s)/Account(s):
392-0820-069357-26-410-599-00-00-00-22119
$998,549.16 TOTAL
CONCLUSION
This Resolution seeks approval to pay for the costs associated with the relocation of the FPL &
AT&T utility facilities, which are in conflict with the development site, including a ten percent
(10%) contingency, as follows: (1) to FPL, for engineering services related to the relocation of
the FPL utilities, in the amount of $10,000.00, and construction costs associated with the
relocation of the FPL utility facilities, in,an estimated amount of $506,000.00, plus a 10%
contingency ($50,600.00), for a total sum not to exceed 566,600.00; and (2)to AT&T, for
design, engineering, and construction costs, in the estimated amount of $392,681.05, plus a
10% contingency ($39,268.11), for a total sum not to exceed $431,949.16. The City Manager
recommends approving, in substantial form, the Letter Agreements with each of the utility
providers, a draft copy of which are attached hereto as Exhibits A and B; and further seeks
authority to execute any other documents or agreements related to this utility relocation work
consistent with this Resolution, subject to form approval by the City Attorney.
Applicable Area
South Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
Page 422 of 1588
City Code Section 2-14?
Yes Yes
Strategic Connection
Non-Applicable
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
❑ Exhibit A—FPL Non-binding "ballpark" Estimate
❑ Exhibit B—AT&T Letter of Agreement for Custom Work and Estimate of Actual Cost Government
Agreement
o Resolution
Page 423 of 1588
EXHIBIT A
Florida Power&Light Company
FPL
March 31, 2023
City of Miami Beach
833 6th St
Miami Beach, FL 33139
Re: Overhead to Underground Conversion 833 6th St—Fire Station#1
Dear City of Miami Beach:
In response to your request, the non-binding "ballpark" estimate to relocate the existing duct bank under the
building, abandone the FPL VLT room, pull the acble and install all the necessary equipment for the
temporary power is$516,000.00 this includes the following:
-Materials and installation of the duct bank on Meridian Ave and 6TH St(380')of 6-6"&1-2"PV Con Enc @ 60"Min
Cover. In addition FPL will provide all the materials for the duct bank that will be installed in private property and the
alley. FPL will handle reconstruction of the trench and the City's contractor will handle the mill and resurface
of the entire area at the end of construction
-Removal of Existing FPL VLT Room
-Install I switch cabinet and I 300KVA(120/208V)for temporary power and re-feed the customers on the alley that
are being feed from the VLT that is being removed.
-Pull all the cable to energize the equipment for the temporary power.
**No payment will be required for the installation of the new VLT**
This amount is an "order of magnitude" estimate only. This estimate is not an offer from FPL to perform the
requested work and should not be construed or used as such for detailed planning purposes. It is provided
strictly to assist your preliminary decision making. FPL shall not be held liable for any variations that may
occur between this "order of magnitude" estimate and any detailed cost estimates that may subsequently be
provided by FPL.
Should you desire to pursue this matter further by requesting a"binding"detailed Engineering Cost Estimate,
an engineering deposit in the amount of$10,000.00 will be required. Cost Estimates are valid for six months
and subject to change in the event of a work scope change.
Should you pay an engineering deposit and elect to have the work performed (the work included in the
estimate for which the deposit was paid), that deposit will be applied to the FPL work order as customer
Contribution in Aid of Construction (CIAC). This applied amount would contribute toward the total CIAC
amount determined by the detailed cost estimate, if the CIAC is paid while the estimate is valid. If you elect
not to have that work performed, or if no CIAC payment is made while the estimate is valid, the deposit will
be withheld by FPL to defray a portion of FPL's cost to produce the estimate.
Should additional detailed estimates be required for work not included in your original request, you may be
required to pay any additional FPL engineering costs to produce those estimates.
Please contact me at 786-449-6053 if you have any questions.
Sincerely,
ya
Yaremnis Santos
Engineer II
a NEXTera ENERGY Company Page 424 of 1588
EXHIBIT B
at&t Page 1 of 5
LETTER OF AGREEMENT FOR CUSTOM WORK and ESTIMATE OF ACTUAL COST GOVERNMENT
AGREEMENT
May 2,2023 CR#: 218244
Project Number: A02K1D5
Customer Name: CITY OF MIAMI BEACH
Billing Address: 1700 CONVENTION CENTER DR MIAMI BEACH FL 33139
Contact Name: ALINA T HUDAK
Contact email Address: COLETTESATCHELL@MIAMIBEACHFL.GOV;.
Contact Phone Number: (305)673-7000
Site Location: 833 6TH ST MIAMI BEACH FL 33139
AT&T has.received a request from you to perform the following work:
Re-route AT&T lines and facilities so they are not in conflict with the customer of the new Fire Station#1.
, - Estimated Actual Cost Quote
Expenses Amount
ENGINEERING LABOR $77,155.58
MATERIAL COST $ 100,744.69
•
CONSTRUCTION LABOR V $98,735.41
CONTRACTOR COST $ 116,045.37
MISC.COST $0.00
Estimated Contract Price $392,681.05
Less Credits/Payments $0.00
Estimated Balance Due $392,681.05
Special construction charges apply. Engineering and Construction will not begin until the attached contract
is signed by you or your authorized agent. This signed agreement must be received at the AT&T 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.
Payment in full is required within 30 days after the date of the AT&T invoice for the charges associated with the
work performed.
Page 425 of 1588
EXHIBIT B
at&t Page 2 of 5
CUSTOM WORK AGREEMENT
CR#: 218244
Project Number: AO2K1D5
This Custom Work Agreement("Agreement")is entered into by and between
BellSouth Telecommunications,LLC.d/b/a AT&T Southeast CITY OF- (hereafter"AT&T")and
MIAMI BEACH (Customer).
AT&T and Customer hereby agree to following terms:
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 onpage 1, attached hereto and incorporated herein by this
reference ("Special Construction"). Payment in full based on actual -costs is required
within thirty days after . AT&T. issues an invoice to the Customer for the
Special Construction Charges.
3. Price Quote.The price is guaranteed for 60 days from ; May 2,2023 . If the
charges are not accepted within 60 days the request will be canceled and a new request will need
to,be placed. The second estimate may be higher than the price that was originally quoted.
4.: 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 land 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.
5. 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, as applicable, and
in no event shall exceed Special Construction Charges paid by Customer to AT&T.
Page 426 of 1588
EXHIBIT B
at&t Page 3 of 5
6. Changes in Scope of Work.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 that final bill. The final bill will be calculated based on AT&T's billing practices and work performed,
which Customer agrees to accept. Customer understands and agrees that the final bill for the Actual
Cost may exceed the preliminary cost estimate that has been provided for this work.Consequently,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, if the contractor bid exceeds the estimated
contractor costs the applicant will be responsible for additional costs and a change order will be issued for
customer approval. Work will not commence until signed change order and additional payment has been
received.
7. Changes Due to Field Conditions. In the event there exists any conditions in the field that differ
from those 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,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. _
8. Customer Obligations. Customer agrees to provide appropriate easements and/or rights of way,
as.determined by AT&T, Co AT&T for its lines and any 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.
9. Time to Complete. Any representation by AT&T, its contractors, or employees that the project
will be complete by a certain date or certain time period is strictly an estimate and not binding. All
estimated completion dates are subject to changing conditions in the field, changes in the scope of
the work, relocation of existing utilities not within AT&T's control, Acts of God, weather delays, labor
disputes, contractor disputes, pandemics and other conditions or circumstances could not reasonably
anticipate at the time of the estimate.
Page 427 of 1588
EXHIBIT B
at&t Page 4 of 5
10. Indemnification and Hold Harmless and Insurance Provision. A T & T , its agents,
servants,and employees hereby agree to indemnify, defend and hold harmless the City, and its
employees, agents and contractors, from and against any and all claims, costs, expenses, judgments or
actions for damage to property or injury or death to persons, and/or arising from or relating to the
work that is the subject of this A greement, including any such claims caused by the
negligent acts or omissions of A T &. T , its agents, servants, or employees.
AT&T shall maintain, during the term of this Agreement,the insurance coverages that may be required by
the City's Risk Manager.
11. Miscellaneous.
A. 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.
B. 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.
C. Headings. The headings,captions,and arrangements used in this Agreement are for
convenience only and shall not affect the interpretation of this Agreement.
D. 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.
E. Applicable Law.This Agreement shall be governed and interpreted in accordance with the laws
of the state that the work site location is located without regard to that state conflict of law
principles. Venue in connection with any litigation arising out of this Agreement shall be in
Miami-Dade County,Florida.
F. 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.
G. Authority. The signatories to this Agreement represent and warrant that they are duly
authorized to execute this,Agreement.
H. 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.
I. 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.
J. Successors and Assigns. This Agreement is binding upon and shall inure to the benefit
of the parties and their respective successors and assigns.
12. Final Agreement. THIS AGREEMENT REPRESENTS THE ENTIRE AND FINAL EXPRESSION OF THE
PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. EXCEPT AS PROVIDED HEREIN, 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.
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EXHIBIT B
J at&t Page 5 of 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized representative on the dates set below. This quote is only valid for 60 days from the date of
this letter.
CR#: 218244
Project Number: A02K1D5
Date Quote Expires: 7/2/2023
AT&T Design Engineer:SUSANA HUILLCA.SB1148
ACCEPTED FOR CUSTOMER: AT&T CWO Manager Contact Information
Authorized Signature CWO Manager
Title:Company: • Phone Number: ; (414)553-6871
Printed Name: : Email Address: : dw195b@att.com
Date: ; i ` Date: : May 2, 2023
•
i
Please send original signed agreement to AT&T CWO 220 Wisconsin Avenue, FLR 2,Waukesha,WI 53186
•
Page 429 of 1588