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HomeMy WebLinkAboutContract 36531 (2)16:43 FAX 817 4678198 sPVBT CITY SECRETARY CONTRACT NO. 002/005 AT&T Texas Page 1 APPLICATION and LETTER OF AGREEMENT FOR CONSTRUCTION SERVICES October 4, 2007 BILL TO: CITY OF FORT WORTH 1000 Throckmorton Fort Worth, TX 76102 CWOTS Record Number: 4376T07 Customer Billing Telephone Number: -Special Bill WORK SITE LOCATION: Overton Park Drive & Harlanwood Drive -DOE #4825 DESCRIPTION OF CONSTRLICTiON SERVICES TO 8E PERFORMED: This cost estimate is for project to relocate 200 feet. of 200 pair cable that is in conflict with storm drainage project. LABOR EXPENSE: $3,863.56; MATERIAL EXPENSE: $634.20; TARIFFlLiCENSE AGREEMENT EXPENSE: $ 00.00; . COST OF MONEY: $55.45; (If P.O, used) CHARGE FOR CONSTRUCTION SERVICES: CONTRACT PRICE: $4,553.21 (if P.O, used) $4,497.76 (If paid In advance) Applicant requests that Southwestern Bell Telephone Company d/b/a AT&T Texas (hereafter "SWBT") perform the above•described construction services on Applicant's behalf. Applicant agrees to pay the charges) indicated above for such services plus applicable taxes. The charge(s) will be computed In accordance with Southwestern Bell Telephone Company's ordinary accounting practices and will Include allocated costs for labor, engineering, materials, transportation, motor vehicles, tool and supply expenses and sundry billings from sub -contractors and suppliers for work and materials related to the job. PRICE QUOTE The price is guaranteed for Ei0 days from October 4, 2007. If the charges are not accepted within 60 days the order will be cancelled and a new order will need to be placed. The second estimate may be higher than the price that was originally quoted. PAYMENT if Applicant agrees to make an advance payment, 4 497.76 will be due prior to commencement of -the work. Charges for construction services and applicable taxes will be billed on a special bill separate from the bill that Appllcant receives for telephone service. Applicant, Its agents, servants, or employees agree to make payment on change orders within thirty (30) days of the date of signature on the change order. Failure to make payment within the designated thirty (30) day time period will operate to cancel the change order and Southwestern Bell Telephone Company will cease all work activity on the project until payment is made. When the Applicant agrees to Interval Billing °, the balance of the Contract Price or Actual Cost (as applicable) will be made in monthly payments. If the Actual Cost made varies from the Estimated Cost, then a correcting adJustment will be made in the last payment If the parties cannot agree to Interval Blliing, Applicant will make an advanced payment as indicated above. °Applicable to orders over $25,000 and work will take 6 or more months to complete. TAXES Applicant will pay and indemnify SWBT against all sales, use and other taxes (excluding Income and francfilse taxes), including fees, levies, other similar charges, interest and penalties imposed upon and paid by or assessed on SWBT by reason of its sale and installation of material and provision of construction services under this Application except�o the extent a valid tax exemntlon cert�cate is provided by,Applicant to SWBT prior to the delivery of material and provisioning of construction services. 01-24-08 A09�04 lid fl. cJItGjU�t U�GO� �0/04/2007 160044 FAX 817 4678198 SWBT 1003/005 t�� AT&T Texas Page 2 STOP WORK ORDER In the event that Applicant issues a stop work order, or pieces the project on hold", at any point during the progress of the work, said stop work order or request to "hold" work must be Issued In writing and must be delivered via certified mail, return receipt requested to Rob Berg, 208 S. Akard St., Rm 2500.14, Dallas, TX 75202. if Applicant Issues a stop work order, or a request to "hold" work, the contract price quoted herein will remain valid until sixty (60) days from the date of the stop work or "hold" work order. At the expiration of the sixty (60) days, the contract price quoted herein will expire and a new contract price will be determined and provided, in writing, to Applicant. The new contract price may be higher than the contract price quoted in this custom work order. If, after Issuing a stop work, or "hold" work order, Applicant elects to cancel the contract, Applicant must Inform Southwestern Bell Telephone Company, in writing of the cancellation. Southwestem Bell Telephone Company, will deduct any expenses Incurred in performing the work from Applicant's advance payment and refund any remaining funds to Applicant. Under no circumstances will Southwestern Bell Telephone Company, be responsible to Applicant for any alleged damages or additional expenses incurred by Applicant as a result of a stop work order or an order to "hold" work on the project. %ANOr If the Applicant cancels the work prior to completion, Applicant must notify Southwestern Bell Telephone Company, in writing of said cancellation, If Applicant elects to cancel the work prior to completion, Applicant agrees to pay Southwestern Bell Telephone Company for the costs it has Incurred in starting perrormance under the contract. If Applicant has made an advance payment, Southwestern Bell Telephone Company will deduct its costs and expenses incurred as of the date of Applicant's notice of cancellation from the amount of the advance payment. Any amount remaining will be refunded to Applicant. CHANGES IN SCOPE OF WORK OR CHANGES IN FIELD CONDITIONS Should concealed conditions exist, including conditions that may exist below the surface of the ground, or if conditions exist that could not have been anticipated by Southwestern $ell Telephone Company at the time of this agreement, Southwestern Bell Telephone Company will be entitled to additional funds and/or additional time to complete the work. Southwestern Bell Telephone Company will request such additional funding and/or additional time through a request for a change order. Conditions that may materially attar the scope of the work and/or the cost associated with the 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 Southwestern Bell Telephone Company, could not reasonably anticipate at the time of providing the above referenced price quote to Applicant. Should Applicant or its agents, servants, or employees order or seek changes in the scope of the work, Southwestern Bell Telephone Company is entitled to seek from Applicant, its agents, servants, or employees, additional funds as necessary to perform the work, and additional time, as necessary to complete the work. Said request for additional funds and/or additional time will be through change order. A{f change orders will be in writing. All change orders will be submitted and accepted by Applicant, its agents, servants or employees, before Southwestern Bell Telephone Company proceeds to execute the work or, if work has been initiated on the protect, continues with executing the work except in an emergency endangering life or property. Applicant, its agents, servants or employees, are deemed to have accepted the terms of any change order by signing where Indicated on the change order. Under no circumstances will Southwestern Bell Telephone Company's request for a change order be deemed or used as evidence of delay on the project. Nor will any change order Issued in this project be used to charge Southwestern Beit Telephone Company with responsibility for any alleged delay on the project. NO DAMAGE FOR DELAY Under no circumstances will Southwestern Bell Telephone Company, be held liable to Applicant, Applicant's agents, employees or contractors, for any alleged delay on the project that forms the basis for this agreement for construction services. 10/04/2007 16:44 FAX 817 4678198 SWBT 1 121004/005 AT&T Texas at& Page 3 TIME TO CQMPLETE Any representation by Southwestern Bell Telephone Company, its agents, servants or employees that the project, will be complete by a certain date or certain time period Is strictly an estimate and not binding on Southwestern Bell Telephone Company, its agents, servants, or employees. 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 Southwestern Bell Telephone Company's control, Acts of God, weather delays, labor disputes, vendor/contractor disputes, and other conditions or circumstances that Southwestern Bell Telephone Company, Its agents, servants, or employees, could not reasonably anticipate at the time of the estimate. CHOICE OF LAW Texas taw governs the application of this agreement and ail terms contained therein. ENTIRE AGREEMENT The parties agree that the terms set forth herein constitute the entire agreement and there are no oth project that is the subject of this agreement between the parties, er agreements regarding the MODIFICATION & NOTICE Any modification to this agreement must be made in writing and signed by both parties, Any party to this agreement may provide the other party with notice of any fact or condition by providing such information in writing and serving said writing via certified mall, return receipt requested, ACCEPTED FOR CUSTOMER: Relationship to Cdr►�par� ¢r Inc Company: LJ V Printed Name: As.11st8.nt Date: ;lttested B� ACCEPTED FOR SOUTHWESTERN BELL TELEPHONE COMPANY: Title: Manager Operations Control Company: SWBT dba AT&T Texas Printed Name: Dianna Ewen Date: — t 7 'D ap try . ecret:ary NO M&C RL4 Q JIFR!ED