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Signed Contracts_Qwest Parking Ramp UtilitiesParking Division 830 Bluff Street Dubuque, lA 52001 Phone: 563- 589 -4267 Fax: 563- 690 -6675 February 10, 2010 To: Michael C. Van Milligen, City Manager From: Tim Horsfield, Parking System Supervi Subject: Contract Signature If you have any questions, please feel free to contact me. Cc: David Heiar, Economic Development Director Dubuque AN4aeda cur 11111 • 2007 THE CITY OF C I have attached a contract between the City of Dubuque and Qwest for the amount of $32,225.37 for your signature. LJU BUQU E This contract is an agreement for Qwest to reroute some of their system related to the construction of the new ramp at 975 Central Avenue. The contract has been reviewed and approved by City Attorney Barry Lindahl and also been reviewed by the Engineering Department. 2/3/2010 City of Dubuque - Buesing & Associates Attn: Ken Buesing 1212 Locust St Dubuque, IA 52001 Send all documents and payments to: Qwest Asset Accounting Operations - BART 700 W. Mineral Ave Room North Dakota Littleton, CO 80120 Documents to include: • Signed Proposal • Payment (check or Purchase Order) Asset Accounting Operations Email: sconstr @gwest.com 303 -707 -3638 303 -707 -9978 fax Qwest Spler. 0 Senor Re: 11 W 9th Fire Station, DUBUQUE IA BAN Number COCAA24 Ken Buesing, Please review the attached special construction Proposal and the Terms and Conditions. If acceptable, return a signed copy and a form of payment for the total charges in the amount of $32,225.37 Please note, your job will not be scheduled until we are in receipt of the above. After we have received the above from you, we will return one fully executed copy for your records. The fully executed special construction Proposal, including the attached Terms and Conditions, will constitute the agreement between you and Qwest for the Work. If are providing a Purchase Order as a form of payment, please sign, date and return the Purchase Order for the amount of $32,225.37. If you have any questions regarding the scheduling of the work to be performed, please contact Qwest representative, Phil Hanson at 402 572 5878. If you are interested in an electronic payment option, Electronic Funds Transfer (EFT) is available and instructions will be provided to you upon request. Qwest Spite( of ..51,C1 Contract No No Job Authorization No: COCAA24 Special Construction Proposal Date: 2/312010 . . Billing Address: Work Location: Customer: City _of,Qubuque - Buesing & Associates _ -- 11W 9th F1re Station ....- Attention: KenBuesin_g_ Coun_W.. PU_BU.QUE ...._..__ _ �_.___._ 1212 Locust St ......_ - .___ - DUBUQUE, IA Dubuque, - _... Description and /or specifications of work to be performed by Qwest under this Proposal ( "Work "): Work will consist of placing 3 new manholes, new 2 -duct conduit via 150' bore, new 2 -duct conduit via 420' trench, new 50 pair cable placed in the new conduit and manholes, new 50 pair cable placed in 70' of customer provided conduit from the building to a new manhole, and perform associated splicing, termination, cutover and testing. Advance Payment (required before work begins): $$2x225.37 Total Charges: Thirty -Two Thousand Two,Hundred Twenty -Five Dollars and 37/1 *For the Work performed hereunder, Customer will be responsible for these Charges only, unless a Change Order is signed by both parties in accordance with Section 4 below. All changes shall be paid prior to commencement of the Work ( "Advance Payment "). If, in Qwest's sole discretion, Qwest approves a Purchase Order in lieu of Advance Payment, Qwest will submit an invoice of charges to Customer upon full execution of the Agreement (or Change Order). For Governmental Customers only, Qwest will submit an invoice of charges upon completion of the Work. All Customers will pay the invoice within forty five (45) days of receipt. All. past due undisputed accounts will be assessed a late fee at 14% APR. No Work shall commence prior to receipt of Advance Payment or acceptance by Qwest of a Purchase Order, Notwithstanding, Customer shall also be responsible for foreign, federal, state and local taxes assessed in connection with the Work, including without limitation, all use, sales, value added, surcharges, excise, franchises, commercial, gross receipts, license, privilege or other similar charges, whether charged to or against Qwest or Customer, but excluding any taxes based on Qwest's net income. "Note: If applicable, the Work proposed here is separate from any work that may be performed pursuant to any other order or agreement, including but not limited to a Pre - Service Request for cell site provisioning. The Proposal may be withdrawn by Qwest if not accepted by the Customer within 30 days. Upon execution by both parties, this Proposal and the attached Terms and Conditions shall constitute a binding agreement upon the parties. Qwest Corporation Authorized Signature: _ ..___._._._.....__.__.._. Name Printed /Typed: Katherine Meddles Title: Director General Accounting Date: Proposal © 2001 Qwest Corporation Page 1 Customer Authorized Signature: Name Printed/Typed: Title: Date: NOTE: CONTRACT TERMS AND CONDITIONS ARE PRINTED ON PAGE 2 OF THIS DOCUMENT. 1t1 /time c , 4.3 icx. ct..€ EAj ef? / - Version: 05-16-05 Qwest Spi at .. The Proposal, these Terms and Conditions and all terms and conditions in the applicable tariff, catalog, or price schedules constitute the entire agreement between the parties (the "Agreement ") and supersede all previous agreements between Owest and Customer relating to the Work and related subject matter hereof. No other terms and conditions. are applicable, including but not limited to terms and conditions attached to Customer's Purchase Order (P0). In the event that any applicable tariffs, catalogs, price schedules, rules or statutes prohibit performance in accordance with the terms of the Agreement, or have the effect of modifying, superseding, or suspending provisions of the Agreernent prior to performance by a Party hereunder, then to the extent of such inconsistency, the Agreement may become null and void, and the Parties may elect to enter into a new agreement or an amendment of the Agreement to conform to such tariffs, catalogs, price lists, rules or statutes. 1. Customer Responsibilities. Customer shall furnish all applicable surveys and a description of the Customer site. Customer shall be responsible for, and secure and pay for all necessary permits, approvals, easements, assessments and any other charges required for the Work to be performed under the Agreement on the Customer's Premises. Customer agrees to provide copies of the same, along with any filing information if applicable, to Qwest upon demand. 2. Concealed /Subsurface Conditions. Should concealed conditions be encountered below the surface of the ground, or in an existing structure, during the performance of the Work, differing materially from those ordinarily encountered and generally recognized as inherent in the Work, the Agreement Charges shall be equitably adjusted by Change Order upon written claim by either party made within twenty (20) days after the first observance of such conditions. 3. Safety and Environmental. Customer understands and acknowledges that should °west encounter a hazardous substance and determine that such substance presents a health or physical hazard, Qwest may, without penalty, discontinue work under this contract. 4- Changes. Changes in the Work, an adjustment to the proposal price or the timeframe for the Work shall: be made by Change Order specifically stated in writing between the parties. The cost or credit to the Customer from a change shall be determined by mutual agreement. 5. Termination. In the event Customer elects to abandon•.the project and terminate this contract for Customer's convenience, Qwest shall be paid for all Work executed and any reasonable expense sustained as of the date of termination, 6. Title to Equipment and Facilities. Title to, and ownership of all lines, equipment and other property installed or constructed by Qwest in connection with the Agreement or the provisioning of Service Is and remains with Qwest. Customer does not own facilities placed as a result of the Work performed under the Agreement, those facilities are owned solely by Qwest. 7. Other Communications Services. The Agreement is independent, separate, and distinct from any local exchange or other communications or )ther service Qwest currently provides, or may provide in the future to '.ustomer, whether or not Qwest provides or may provide such services to :ustomer using the Qwest equipment and facilities to which the Agreement Proposal © 2001 Qwest Corporation Page 2 Terms and Conditions Job COCAA24 Authorization No: refers. Cuslorner shall be responsible for paying for all other local exchange or other services separate from the payment requirements of the Agreement. 8. Warranty. Owest shall perform the Work in a professional manner, consistent with industry standards, and shall conform to the specifications set forth herein. All workmanship for the Work performed under the Agreement is guaranteed against defects for a period of six (6) months from the date of completion. THIS WARRANTY iS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, ANY OTHER WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS APPLICABLE TO THE WORK PERFORMED UNDER THE AGREEMENT. The exclusive remedy for a breach of this warranty shall be that Qwest will re- perform any part of the Work which is found to be defective. Qwest shall not be responsible for damage to its work by other parties or for improper use of the equipment by others. 9. General. This Agreement shall be govemed by the state within In which the facilities are Located, or in the case of interstate facilities the laws of the State of New York, without regard to its choice of law principles; provided however, that Work may also be subject to the Communications Act of 1934, as amended or applicable State tariff, catalogs or price fists. Neither party's failure to insist upon strict performance of any provision of this Agreement •• shall be construed.as a waiver of any of its•right's hereunder. Custorner.tnay .not assign this .Agreement or any of its rights dr obligations hereunder without the prior written consent of °west, which consent will not be unreasonably, withheld, Customer may not assign to a reselter or a communications carrier under any circumstances. This Agreement is intended solely for Qwest and its 'affiliates and :Cu'stomer and it shall not benefit or be enforceable by any other person or entity. All amendments to -..this Agreement .shall be in writing and signed by the parties' authorized representatives. Electromc;or:.tacslrtiile: signatures jnj::p'onijeetiorr; with this 4gi event shalt be recogntzefl a cid freateit f ife same as the orrgrnal; Qwest may act in reliance upon any instruction, instrument, or signature reasonably believed by Qwest to be genuine and Customer agrees that any employee of ....C,ustomer who gives any written notice or other instruction has the authority to do so. 10. For Qwest Affiliate Transactions Only. If under applicable law, this Agreement, or notice thereof, must be filed with a governmental entity, including but not limited to a state public utility commission, this Agreement shalt not become effective with respect to any jurisdiction having such requirements until the filings have occurred. Version: 05 -16 -08