Item I4 I4
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
July 17, 2024
Agenda Item Number: I4
2023-2595
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland
N/A
AGENDA ITEM WORDING:
Approval of a Letter of Agreement with AT&T in the amount of $103,274.20 for the purpose of
relocating utility equipment away from Vehicle Gate No. 1 at the Key West International Airport to
improve access to the airfield and the commercial apron. The project is funded by FDOT Airfield
Improvements Contract G2E62 (50%) and Airport Operating Fund 404 (50%).
ITEM BACKGROUND:
The relocation of the airport's east landside utilities is being done to improve access to the airfield and
commercial apron. The new location will provide better access to utility lines,poles, cabinets, etc.
when repairs and maintenance are needed.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Jacobs PSO 2022-01 on April 20, 2022 to perform the East Landside Utilities Relocation
Study and Schematic Design.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
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EYW-ATT LOA custom work-agreement.pdf
FINANCIAL IMPACT:
FDOT Airfield Improvements Contract G2E62 (50%) and Airport Operating Fund 404 (50%).
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LETTER OF AGREEMENT FOR CUSTOM WORK and ESTIMATE OF ACTUAL COST
GOVERNMENT AGREEMENT
June 3, 2024 CR#: 227860
Project Number: A02LW86
Customer Name: MONROE COUNTY KEY WEST INTERNATIONAL AIRPORT
Billing Address: 3491 SOUTH ROOSEVELT BLVD, KEY WEST, FL 33040
Contact Name: RICHARD STRICKLAND
Contact email Address: STRICKLAND-RICHARD@MONROECOUNTY-FL.GOV
Contact Phone Number: (305) 393-7742
Site Location: 3491 SOUTH ROOSEVELT BLVD, KEY WEST, FL 33040
AT&T has received a request from you to perform the following work:
RELOCATE FACILITIES,CUSTOMER REQUEST CR 227860 AT 3491 SOUTH ROOSEVELT BLVD,
KEY WEST, FL 33040.
Estimated Actual Cost Quote
Expenses Amount
ENGINEERING LABOR $23,875.29
MATERIAL COST $ 10,665.77
CONSTRUCTION LABOR $ 63,741.48
CONTRACTOR COST $4,991.66
MISC.COST $ 0.00
Estimated Contract Price $ 103,274.20
Estimated Balance Due $ 103,274.20
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.
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CUSTOM WORK AGREEMENT
CR#: 227860
Project Number: A02LW86
This Custom Work Agreement("Agreement")is entered into by and between
BellSouth Telecommunications, LLC.d/b/a AT&T Southeast (hereafter"AT&T") and
MONROE COUNTY KEY WEST INTERNATIONAL AIRPORT (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 maybe made from time to time.
2. Special Construction. This Agreement is for the special construction as
further described on page 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 June 3, 2024 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 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.
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.
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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.
B. Customer Obligations. Customer agrees to provide appropriate easements and/or
rights of way, as determined by AT&T, to 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.
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10. Indemnification and Hold Harmless. Both parties, its agents, servants,
and employees hereby agree to indemnify and hold harmless each other, 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 agreement, to the extent any
such claims are caused by the negligent acts or omissions of each party, its
agents, servants, or employees.
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.
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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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#: 227860
Project Number: A02LW86
Date Quote Expires: 8/3/2024
AT&T Design Engineer:FARIBORZ FAKHRALSHOARA (FF6437)
ACCEPTED FOR CUSTOMER: AT&T CWO Manager Contact Information
Arlando SaC1Ch2Z Digitally signed by Arlando Sanchez
11 J Date:2024.06.0312:24:07-05'00'
Authorized Signature CWO Manager
Title: Phone Number: (972) 971-7491
Company: Email Address: AS785H@a ATT.COM
Printed Name: Date: June 3,2024
Date:
Please send original signed agreement to AT&T CWO 220 Wisconsin Avenue, FLR 2,Waukesha,WI 53186
A 'NEY
A OVE T FOBRM
P J.
ASSt rTA ATMRNEY
Date 6/17/24
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