GLYNN COUNTY PUBLIC WORKS DEPARTMENT 4145 Norwich Street Brunswick, Georgia Phone: (912) / Fax: (912)

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1 GLYNN COUNTY PUBLIC WORKS DEPARTMENT 4145 Norwich Street Brunswick, Georgia Phone: (912) / Fax: (912) M E M O R A N D U M TO: VIA: FROM: Board of Commissioners Finance Committee Dave Austin, Public Works Director DATE: October 31, 2017 SUBJECT: Glynco Parkway Bridge IFB #01020 Background The utility lines for Georgia Power Company, Comcast Cable, Glynn County IT Fiber cable, and AT&T required temporary relocations beyond the initial pole resets for permanent relocation that was done shortly after project inception. The required movements at this time are much more intrusive into the working of all the utilities and require compensation for these moves. Georgia Power, Comcast Cable, and Glynn County IT fiber relocates have been covered by funds established for utility relocations from within the contract. The AT&T fee will not be fully covered by available funding and they require a contract agreement as well. In addition, this item must be approved by the BOC. The AT&T cost for relocation of their fiber network is $48, Currently the available funding in the contract is $45, leaving a net balance required for full compensation of $2, Alternatives: 1. Approve funding and contractual obligations required for AT&T to relocate their utilities for the Glynco Parkway Bridge project in the amount of $48, with funding to be provided from within the current contract in the amount of $45, and additional funding in the amount of $2, to be provided by unallocated SPLOST 5 monies. 2. Deny the budget request. This would accomplish little since the utility must be relocated to finish the project. 3. Suggest alternatives. Recommendation Alternative 1. Funding Source Unallocated SPLOST 5 monies Recommended Motion to Finance Committee I move to recommend that the Board of Commissioners approve funding and contractual obligations required for AT&T to relocate their utilities for the Glynco Parkway Bridge project in the amount of $48, with funding to be provided within the current contract in the amount of $45, and additional funding in the amount of $2, to be provided by unallocated SPLOST 5 monies.

2 Recommended Motion to the Board of Commissioners I move to approve funding and contractual obligations required for AT&T to relocate their utilities for the Glynco Parkway Bridge project in the amount of $48, with funding provided to be provided within the current contract in the amount of $45, and additional funding in the amount of $2, to be provided by unallocated SPLOST 5 monies. Dhd/DA Attachment (1)

3 ,at&t 10/02/2017 David H. Deloach Engineering Division Manager Glynn County Public Works 4143 Norwich Street Brunswick, Georgia, RE: Charges associated with moving cable and facilities in conflict with Bridge Project on Glynco Parkway. This is to clear conflicts with Glynco Parkway Bridge project to continue. : AT&T has received a request from you (or your company) to perform the following work: replacing 1900ft of 24 fiber, 945ft of 72 fiber, 860ft of 144 fiber, placing several new guys and anchors to back up existing on each side of the canal, cutting 58 working fibers, including E911, RT sites, ADSL systems, Customer circuits and OC3 service. Removing 1237ft of 144 fiber, 850ft of 72 fiber, 1800ft of 24 fiber, 328ft of 54pr copper cable. Special construction charges apply. Charges of $25,000 or greater are billed at actual cost. However, an advance payment based on the estimated cost of the special construction charges is required before work can begin. At the completion of the project additional payment may be required if costs exceed the estimated billed amount. Refunds will be executed if actual costs are less than the estimated billed amount. Engineering and Construction will not begin until the attached contract is signed by you or your authorized agent and returned with the advance payment for the estimated amount of the bill. This sianed contract and advance payment must be received in the Manager Bill Center at the address shown below before AT&T will oroceed with any work. The quote preparation fee of N/A, previously paid will be credited to the total amount billed of $ as shown in the attached contract. Your balance due (less the quote prep fee already paid) is $ 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 Sincerely, Project# a014mf7 Job Authority# 7rf82449A NOTE: Please associate the Project # above with the check or other form of payment.

4 at&t Return the original signed contract and estimated advance oavment to: AT&T CWO Coordinator 1876 Data Drive 5th Floor North Attention: Susan Rinehart Hoover, AL Additional payments for services rendered that exceed the advance payment received based on the estimated cost is due in full within thirty days after AT&T issues an invoice for the remaining balance.

5 @ at&t Project#: A014MF7 Authority: 7rl82449a AT&T Contact: Craig A. Beasley Telephone #: SPECIAL CONSTRUCTION AGREEMENT 61-v.,..~ lo1r rn.+v 6J eorit1 '"""' Customer Name: G>a iqll=k..qsbeagl:i-/ J Customer Number: Work Site Address: Glynco Parkway Bridge over Altamaha Canal This Special Construction Agreement ("Agreement") is entered [nto by and between BellSouth Telecommunications. LLC. d/b/a AT&T Southeast ("AT&T") and Glynn County ("Customer"). AT&T and Customer hereby agree to the foll owing terms and conditions: 1. Tariffs/Guidebooks. This Agreement is subject to and controlled by the provisions o f 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"). As consideration for the Special Construction, Customer shall pay to AT&T $ ("Special Construction Charges"). Advance payment based on estimated cost is required before work will begin for any project estimated to cost $25K or more. Payment in full for the remaining balance exceeding the advance payment based on actual costs is required within thirty days after AT&T issues an invoice to the Customer for the Special Construction Charges. Payment shall be made by mail to AT&T's offices at 1876 Data Drive, gj1 Floor North, Hoover, AL 35244, or to such other address as AT&T may designate, in writing. 3. Early Termination. Shou ld 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. Gt:ls-torner- f.1:jr-tt:i0r... agk.a0wledges-antl-agrees that 1t hereby waives any-ri9h-t-to-contest-stieh-paymer-tt-0tibe Special Constr..uGti0A-Gl=i-a<F es-f-or--any-reason-;-jncluding-;-bat-nohimiteo-t:0-feasgr.iab.le.cess-0f the charges qua,lity-0f-tt:ie-~~~~ rn~~#:ji :::~ b /~w, 4. Limitation of Liability.~T&T's maximum liability arising in, alt of or in any way connected to this Agreement shall be as set forth in the tariffs and/or guidebooks, if an 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.

6 ~ ~; at&t 9. Headings. The headings, captions, and arrangements used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 1 O. 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. Ea-aeA-0f- the..p.a.r.ties jo.j:e.v.er-w.akv.es-all-r.i ht-to-assemtwn1fls Agreement was the resa1rura mistake-in law-crrfact:"' 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. Attor.ne=vs4ees.-lt-eitt:ier-1Yc1ftY-materrcrtly-tmractres-this-A-greement-and-shoulcHh~ breacrung.-par-t.y-seek-to-enforce1ttlgtm"tttrougtrteyatcrctiurr,trre,rrevailing-paft.y-shallr.e.cmt.e; f[.om-tj::le-ett:ier- i:>aft:y-alt-eosts-and-exp'elts"e's"inetirr-ee,.ir.gludlag but noliimited..to,-r.easoo~ atterfley~ 14. Authoritv. 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. The parties recognize that this is an 'Actual Cost' contract with preliminary billing based on estimated cost. If the Customer initiates changes in the scope of the work after AT&T has provided this price quote or after executing this contract, the above price quote and this contract is null and void and a new price estimate must be provided based on the new scope of work. Additionally, in the event there exists a condition in the field that is 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 above price quote was provided. 17. Final Agreement. THIS AGREEMENT REPRESENTS THE ENTIRE AND FINAL EX PRESSION 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.

7 ~ ~~ at&t 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. By CUSTOMER s, 1 I B<\.1,"'so'"' 9avid-H:-eet cra-ctl By AT&T Southeast Craig A. Beasley Printed Name Printed Name By By Authorized Signature Title IE+l~iAeer-ing-Bivisier+MaAa~e r- Title Design Resource Manager C..h~ 1""\v\ 1 80~ of U>*"~'ss io~ef"~ Date Date

8 S-~ at&t ~ EXHIBIT 1 DESCRIPTION OF SPECIAL CONSTRUCTION