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HomeMy WebLinkAbout2005-053 - Agreement with Southwestern Bell Telephone, L.P... ~ BILL N0.2005-53 ORDINANCE N0.2005-53 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO COMPLETE AND EXECUTE, AN AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND SOUTHWESTERN BELL, TELEPHONE L.P.TO RELOCATE AERIAL FIBER AND COPPER CABLE TO BE BURIED AT 1800 W TO 2800 W ON WEST PLATTE ROAD WHEREAS, the City of Riverside, Missouri (the "City") has considered a proposal by, and negotiated with Southwestern Bell, Telephone L.P. to relocate aerial fiber and copper cable to be buried; WHEREAS, the City and Southwestern Bell Telephone L.P. have reached an agreement concerning the relocation of aerial fibre and copper cable to be buried at the location of 1800 W. to 2800 W Platte Road; NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into an Agreement, to be substantially in the form attached hereto as Exhibit A, with Southwestern Bell Telephone, L.P. for an estimated cost of Fifty Eight Thousand One Hundred Twenty-Four Dollars and Ninety-Six Cents ($58,124.96) whereby Southwestern Bell Telephone, L.P. to perform such services to relocate aerial fibre and copper cable to be buried at the location of 1800 W. to 2800 W. Platte Road. Section 2. The execution and delivery of the Agreement, with such additions and modifications deemed necessary by the Mayor to complete the same, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 3. This Ordin %anc~e shall be in full force and effect from and after its passage and approval. Passed this~'~~- ..°y of June, 2005. Mayor ATT City Clerk T. T n 7r ~. _ .. T 1. JUN 13 2005 15 26 FR SWBT ENG SUPPORT ~tYCI 816 275 1222 TO 97468349 P.03i06 CWOTS # : 428M05 Page 1 of 4 APPLICATION and LETTER OF AGENCY FOR CUSTOM WORK 06/13/2005 CWOTS Number: 428M05 Customer Billing Telephone Number: 816-741-3993 BILL T0: CITY OF RIVERSIDE 2950 VIVION RD RIVERSIDE, MO 64150 WORK SITE 1800 W TO 28D0 W ON WEST PLATTE RD LOCATION: DESCRIPTION RELOCATE AERIAL FIBER AND COPPER CABLE 70 BURIED. OF CUSTOM (IF ANY UNFORSEEN SITUATION WOULD ARISE WHICH CONSTITUTES SUBSTANTIAL WORK: ADDITIONAL MONEY TO COMPLETE THIS PROJECT, WORK WILL BE STOPPED UNTIL ADDITIONAL PAYMENT IS MADE.) ESTIMATED LABOR: $376D0.00; ESTIMATED MATERIALS: $14000.00; ESTIMATED OVERHEAD EXPENSE: $6524.96; . TARIFF111CENSE AGREEMENT EXPENSE: $ "~ . COST OF MONEY EXPENSE: $ CHARGE FOR CUSTOM WORK: ESTIMATED COST: $ 58124.96 • (Actual charges may exceed this estimated cost.) Applicant requests that Southwestem Bell Telephone, L.P. act as its agent in performing the above-described custom work on Applicant's behalf. Applicant agrees to pay the charge(s) for such work. The work is to be done on an "Actual Cost" basis, all charge(s) will be computed in accordance with Southwestem Bell Corporation's ordinary accounting practices under the Uniform System of Accounts for Class A telephone companies and will include allocated costs for labor, engineering. materials, transportation, motor vehicles, tool and supply expanses and sundry billings from sub-contractors and suppliers for work and materials related to the job, The Applicant affirms that the cost estimate furnished by the Telephone Company has been considered only as an sstimate of approximate costs and that the actual costs incurred by the Telephone Company in doing the work at the particular time and location might be higher. Said estimated cost is subject to change due to any number of factors including, but not limited to, changing conditions in the field, weather delays, or changes in the scope of the work. CHANGE ORDERS Should concealed condtions 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, L.P. at the time of this agreement, Southwestem Bell Telephone, L.P., will be entitled to addtfonal funds and/or additional lima to complete the work. Southwestern Bell Telephone, L.P. will request such additional funding and/or additional time through a request for a change order. Should Applicant or its agents, servants, or employees order or seek changes in the scope of the work, Southwestern Beil Telephone, L.P. 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 wrfting. All change orders will be submitted and accepted by Applicant, its agents, servants or employ®es, bofore Southwestern (3e11 Telephone, L.P., 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. i T >< 71' JUN 13 200 15:26 FR SWBT ENG SUPPORT 816 275 1222 TO 9746E349 P.B4i06 ~a~ CWOTS # : 428M05 Page 2 of 4 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 5outhwestem Bell Telephone. L.P.'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, L.P. with responsibility for any alleged delay on the project. NO DAMAGE FOR DELAY Under no circumstances will Southwestern Bell Telephone, L.P, be held Ilable to Appiicant, Applicant's agents, employees or contractors, for any alleged delay on the project that forms the basis for this custom work order. TIME TO COMPLETE Any representation by 5outhwestem Bell Telephone, L.P., its agents, servants or employees that the project, or any additional work authorized by chang® order; will be complete by a Certain date or certain time period is•strictly an estimate and not binding on Southwestem Ball Telephone, L.P., 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, L.P.'s control, Acts of God, weather delays, labor disputes, vendor/contractor disputes, and other conditions or circumstances that Southwestern Bell Telephone, L.P., its agents, servants, or employe®s, could not reasonably anticipate. at the time of the estimate. ,... .. PAYMENT ~ ' Applicant agrees to make an advance payment of $ 58124.96 prior to commencement of the work. .Applicable charges for Custom Work 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 Southwestem Beli Telephone, L.P., will cease all work activity on the project until payment is made. When the Parties agree to Interval Billing ", the balance of the Contract Price or Actual Cost (as applicable) will be made in monthly payments. If the Actual Gost made varies from the Estimated Cost, then a correcting adjustment will be made in the last payment. If the parties cannot agree to Interval Billing, 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. CANCELLATION if the Applicant cancets the work prior to completion, Appiicant must notify Southwestern Bel{ Telephone, L.P., in writing of said cancellation. If Applicant elects to cancel the work prior to completion, Applicant agrees to pay Southwestern Bell Telephone, L.P. for the costs k has incurred in starting performance under the contract. 1f Applicant has made an advance payment, Southwestem Bell Telephone L.P. 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, i. T 1< 7f JUN 13 2005 15 27 FR SWPT ENG SUPPORT 816 275 1222 TO 97466349 P.05i06 CWOTS # : 428M05 Page 3 of 4 ~Q~ ESTIMATED PRICE QUOTE The above estimated price is guaranteed for 60 days from 06/13/2005. 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. STOP WORK ORDER In the event that Applicant issues a slap 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 Blll MIze,11930 Airline, Rm, 215, Houston, TX 77037. If Applicant issues a stop work order, or a request to "hold" work, the contract pace quoted herein will remain valid until sixty (60j days from the date of the stop work or "hold" work order. At the expiration of the sixty (&0) 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 toe 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 Sauthwestem Belt Telephone, L.P-, in writing pf the cancellation. Southwestem Bell Telephone, L.P., will deduct any expenses incurred in performing the work from Applicant's advance. payrl~ent and refund'any remaining funds to Applicant: `~ Under no circumstances will Southwestern Ball Telephone,~l_,P., be responsible to Applicant for-any alleged damages or additional expenses incurred by Applicant.as a result'of a stop work order ~tir an order to "hold" work on the project. CHOICE OF LAW ANQ ARBITRATION Should any dispute arise between the parties concerning the subject matter of this agreement, or anyterm contained therein, the parties agree that the dispute or claim shall be submitted to binding arbitration before the American Arbitration Association. The parties further agree that the prevailing parry in any such dispute will be entitled to recover attorneys fees and costs of arbitration. Missouri law governs the application of this agreement and all terms contained therein- INDEMNIFICATION AND HOLD HARMLESS Applicant, its agents, servants, and employees hereby agree to indemnify and hold harmless Southwestern Beil Telephone, L.P., 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 t'~n~r~ ge tsoseroants~or employees. claims are caused by the negligent acts or omissions of the App 11 7 1< 7i. i . 7UN 13 2005 15 27 FR SWBT ENG SUPPORT ~QCI 616 275 1222 TO 97466349 P.06.~06 CWOTS # : 42$M05 Page 4 of 4 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 factor condition by providing such information in writing and serving said writing via certHied mail, return receipt requested. ACCEPTED FOR CUSTOMER: ACCEPTED FOR SOUTHWESTERN BELL TELEPbIQNE, L.P.: ~ ; ,~/( ~ ~' Authorized gnatuce,.Title o ~ Title: Manage Custom Work Orders. .. Relafionship,to Company or Individual ~ • Company: Q Printed Name:./ .L1y~~ . Date: ~ data: ~:* TOTAL PAGE. 06 ** ~. .T ¶ '1i. i . _ T ~.