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HomeMy WebLinkAboutContract 42646aw CITY SECRETARY CONTRACT NO. ±L! 'Q AT &T Texas APPLICATION and LETTER OF AGREEMENT FOR CONSTRUCTION SERVICES November 18, 2011 CWOTS Record Number: 2151T11 Customer Billing Telephone Number: SPECIAL BILL BILL TO: CITY OF FORT WORTH 1000 Throckmorton St. 2nd Floor Fort Worth, TX 76102 WORK SITE LOCATION: Blue Mound Road and the FM 156 Overpass, Haslet, Texas DESCRIPTION OF CONSTRUCTION SERVICES TO BE PERFORMED: AT&T to relocate aerial section under the FM 156 over pass from aerial to buried; two (2) in line transfer of aerial crossing on Blue Mound Road required due to ONCOR setting new poles. These charges do no include work needed in the John Day section. This covers the section from Bonds Ranch to FM 156. LABOR EXPENSE: $14,903.69 MATERIAL EXPENSE: $ 1,449.05 CHARGE FOR CONSTRUCTION SERVICES: CONTRACT PRICE: $ 16,352.74 (Advance Payment) Applicant requests that Southwestern Bell Telephone Company d /b /a AT &T Texas (hereafter "SWBT) act as its agent in performing the above - described construction services on Applicant's behalf. Applicant agrees to pay the charge(s) indicated above for such work. 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 above estimated price is guaranteed for 60 days from November 18, 2011. 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 estimated price set out above. PAYMENT Applicant agrees to make an advance payment of $ 16.352.74 prior to commencement of the work. Please make check payable to AT&T. Applicable charges for Construction Services will be billed on a special bill separate from the bill that Applicant 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. TAXES Applicant will pay and indemnify SWBT against all sales, use and other taxes (excluding income and franchise taxes), including fees, levies, other similar changes, 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 s Application except to the extent a valid tax exemption certificate is provided by Applicant t �10LH�p� jar t�Ett�eORD delivery of material and provisioning of construction services. FFFFi��V+.�t4: K j CITY SECRETARY 8056 Contract Cost I °;FT. WORTH, TX i STOP WORK ORDER In the event that Applicant issues a stop work order, or places 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 Pam Johnson, 11930 Airline Dr., Room 205, Houston, Texas 77037. 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, L.P., in writing of the cancellation. Southwestern 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. CANCELLATION 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 performance 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 Bell 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 alter the scope of 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. All 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 project, 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 Bell Telephone Company with responsibility for any alleged delay on the project. 8056 Contract Cost 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. TIME TO COMPLETE Any representation by Southwestern Bell Telephone Company, its agents, servants or employees that the project, or any additional work authorized by change order, 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 AND ARBITRATION Texas law governs the application of this agreement and all terms contained therein. ENTIRE AGREEMENT The parties agree that the terms set forth herein constitute the entire agreement and there are no other agreements regarding the project that is the subject of this agreement between the parties. 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 mail, return receipt requested. ACCEPTED FOR CUSTOMER: Authorized Signature, Title or Relationship to Company or Individual Company: Printed Name: c r 1 Us-tc,, Date: ACCEPTED FOR "� Southwestern Bell Telephone Company: G By: Karen Rose Title: Manager Operations Control Company: SWBT dba AT &T Texas Printed Name: Karen Rose Date: J'A coo / NO M &C REQUIRED Attested by. OF F , 0r/, 7o Ronald P. Gonzales, Asst. City Sect► 0*? 8056 Contract Cost `i;; S r cat &t AT &T Texas November 18, 2011 CWOTS 2151T11 CITY OF FORT WORTH 1000 Throckmorton St. Fort Worth, TX 76102 Dear Mr. Buckley, This letter is in regards to your request for Southwestern Bell Telephone Company d /b /a AT &T Texas to perform construction services for you. Enclosed please find an Application and Letter of Agreement for Construction Services. This application describes the construction services you have requested along with the associated charges for us to do the work. We require an advance payment on this amount, which is also shown on the application. Both the APPLICATION with customer's original signature and the ADVANCE PAYMENT must be received by our office before we can proceed on your behalf with the work. Please make check payable to AT&T. Our mailing address for these documents is listed below: Southwestern Bell Telephone Company D /b /a AT &T Texas Attn: Shirley Meadows 4801 Matlock Road, Room B16 Arlington, Texas 76018 Fax number: 817 467 -8198 or 1 800 851 -7311 If you decide not to proceed with this work, please call our business office so that we may cancel your request. As always, please feel free to contact our office at 817 467 -8124 or 1 888 321 -8535 if you have any questions regarding this matter. Please refer to the record number at the top of your application to assist us in locating your file. Sincerely, Shirley Meadows CWOTS Department Southwestern Bell Telephone Company 817 467 -8124 or 888 321 -8535 Phone 817 467 -8198 or 800 851 -7311 Fax 8056 Contract Cost