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Home My WebLink AboutContract 36380 aw AT&T Texas APPLICATION and LETTER OF AGREEMENT FOR CONSTRUCTION SERVICES November 27,2007 CWOTS Record Number: 4183T07- REV#1 Customer Billing Telephone Number: 817 332-2447 BILL TO: CITY OF FORT WORTH 1000 Throckmorton St. Fort Worth,TX 76102 WORK SITE LOCATION: 501 Jones Street,Fort Worth,Texas DESCRIPTION OF CONSTRUCTION SERVICES TO BE PERFORMED: This project will move an existing inside terminal at 501 Jones Street at the request of the customer. LABOR EXPENSE:$3,143.26;MATERIAL EXPENSE: $850.00;COST OF MONEY EXPENSE:$68.92 CHARGE FOR CONSTRUCTION SERVICES: CONTRACT PRICE: $3,993.26(Advance Payment) $4,062.18(W/Purchase Order) 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 27,2007. 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 estimated price set out above. PAYMENT Applicant agrees to make an advance payment of 3,993.26 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 services under,....-- Application except to the extent a valid tax exemption certificate is provided by Applicant to i delivery of material and provisioning of construction services. r R� 8056 Contract Cost H 0 STOP WORK ORDER lo the event that Applicant issues ustop work order, or places the project"on bold",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,2O8S.AkardSt.,Rm.2500J4,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 ofthe stop work or "hold" work order. At the expiration ofthe sixty (60) days, the contract price quoted herein will expire and u new contract price will be determined and provided, in writing, to Applicant. The new contract price may be higher than the contract price quoted bo8do custom work order. If, after issuing a stop work, nr "bnld"work order,Applicant elects to cancel the contract,Applicant must inform Southwestern Bell, L.9, iu writing of the cancellation. Southwestern Bell Telephone Company will deduct any expenses incurred 6z performing the work from Applicant's advance payment and refund any remaining funds to Applicant. Under no circumstances will Southwestern Bell Telephone Company 6eresponsible to Applicant for any alleged duozo8ee or additional expenses incurred bv Applicant ae u result ofa stop work order or an order to "bold" work mz the project. CANCELLATION If the applicant cancels the work prior tocompletion,Applicant agrees ho pay Southwestern Bell Telephone Company for the costs it has incurred iostarting performance under the contract and before being notified to cease only. If Applicant elects to cancel the work prior to completion,Applicant agrees to pay Southwestern Bell Telephone Company for the costs it has incurred bu starting performance under the contract. If Applicant has made'oo 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 6e refunded toApplicant. 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 bySoutbweeternBe1lTel Company at the time ofthis agreement to the extent funds have been appropriated to satisfy applicant's finance obligations under 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 o 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 utthe 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 Coozporg\ 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 to the extent funds have been appropriated to satisfy applicant's finance obligations under this agreement, additional funds as necessary to perform the work,and additional time, ou necessary to complete the work. Said request for additional funds and/or additional time will be through change order. OO50 Contract Cost _ - ~ ` � All change orders will bebu All change orders will be submitted and accepted by Applicant,its agents,servants,m 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 i000 emergency endangering life orproperty. Applicant,its agents,servants or employees,are deemed to have accepted the terms of any change order by signature of an authorized representative of applicant where indicated on the change order. Under no circumstances will SWBT or applicant's request for a change order be deemed a delay on the project. Nor will any change order issued in this project be used to charge either party with responsibility for any alleged delay mz the project. �J1 ER ED 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 outhe project that forms the basis for this agreement for � � construction services.TIME TO COMPLETE i / Any representation bv 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 irl the scope o the work,relocation of existing utilities not within Southwestern Bell Telephone Company's control,Acts of weather delays,labor disputes,vendor/contractor disputes, and other conditions or circumstances that Southwestern Bell Telephone Company,its agents,servants,ozemployees,conldootreaaooablvanticipate at6b time of the estimate. CHOICE OF LAW AND ARBITRATION -- | Should any dispute arise between the parties concerning the subject matter of this agreement,oz any term contained therein,the parties agree that.the dispute or claim may,upon written consent of both parties be submitted to binding arbitration before the American Arbitration Association. 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 tbotietheaobiectof8doagreementbehveentbepar6ea. MODIFICATION&NOTICE Any modification to this agreement must be made in writing and signed by both parties. LLI Any party to this agreement may provide the other party with notice of any fact or condition by providing such Z information in writing and serving said writing via certified mail,return receipt requested. =STOM AuthoG-�Sigatu`re,Title or By: Dianna Ewen Relationship to Company or Individual Title: Manager Operations Control Company: City of Fort Worth Company:SVVBT dba AT&T Texas Printed Name: Karen L. Montg mery Printed Name: Dianna Ewen ir Date: Date: 8056 Contract Cost