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Home My WebLink About4632 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4632 QWEST Utility Relocation - 4th/Burwell Alley Econ Devel CON File Class LEG 12-1 $55000.00 OS/23/2007 06/13/2007 02/15/2009 GL $ AL $ E&O $ Insurance Total $ Insurance Review Date Between Washington Avenue & Pacific Avenue Vault 01/01/2009 05/13/2007 12:01 3504735151 . BREMERTON CITY ATTY PAGE 03/04 SIll/I! III SN,'/rc Proposal Contract No No Job Authorization No: H7WA033 Qwest -.,- '. Date: 5/23/2007 Billing Address: Customer: CITY OF BREMERTON Attention: GARY SEXTON 345 6TH ST BREMERTON, WA 98337 Work Location: 4th / Burwell Alley between Washington Av & Pacific County Kitsap Bremerton, WA DescrIption and/or specifications of work to be QerfDrrne.tl~~e~t under this. Pronosal("Work"\;' r The city of Bremerton and Qwest general counsel have reached an agreement on the billing amount to complete the work previously in the bart billing job The new agreed upon amount is $55,000.00. The cost being billed is the only change to this job, ~. 1 r~ 4 "'./ j~L :J.. f"'\O' 'I . ~c..Q... \ V '1LQ '-.Jf'\tL~ ++ - u / I '1 'I' -j) 515/ <<0 (J 9-Q- Advance Payment (required before work begins): ..,J~~,q9P.:9~_..._,..__....~_..__. Total Charges: __EiftY_fi~~~_I..I'tQJ.l.s.and .o..QIL~Is..and_.O_(!llQO..... ... .... ......._....__._..___.._._..,,_. "For the Work performed hereunder by Qwest, Customer will be responsible for these Charges only, unless: a change order is signed by both parties in accordance with Section 8 below, For outstanding balances, Owest will submit an Invoice of Charges to Customer within forty five (45) days of completion of the work under this Proposal. Customer will pay the invoice within thirty (30) days of receipt. All past due accounts will be assessed a late fee at 14% APR. Owesl shall perform the Work In a professional manner, consistent with industry standards, Shall be fit and sufficlerit for the stated purpose and shall conform to the Specifications. The Work to be performed under this Proposal shall be released to Construction for scheduling pending the return of the fully executed Proposal and receipt of the Advance Payment. This Proposal may be withdrawn by Qwest if not accepted by the Customer within 30 daY~, . )+ Qwest Corporation . Authorized Signature /\ .... 'RC-.--.st----.'....... .... . .......... ....- '.-..---...-..... Name Printedrryped....__.Q.~" ,..~~~~~~_. Title: Manager Ge.n. a,.. al.ACC. Quoting ......_.. ........._.__. ..... Date: . .. 4//3/0.7.. Acceptance of this Proposal and all of its terms and conditions constitute a binding contract The charges and specifications are satisfactg.ry-;and ar~ h. accepted. ,,/./ I Customer, L~"/ 2___.__ ~i~I~:r~~~t:~~~:;IO'J~1' B~ ~=~;j;,;- Date: 5" -, d ~.t? NOTE: CONT~ACT TERMS AND CONDITIONS ARE PRINTED ON PAGE 2 Or THIS DOCUMENT, Pmpo5af q;) 2001 Qwest Corporation Flage 1 V1!ralon: 05.19.06 05/13/2007 12:01 3504735151 Qwest.. '"-l11 BREMERTON CITY ATTY PAGE 04/04 $llIrll or 51'n'.'c,' Terms and Conditions b Authorization- H7WA033 Tilt] Proposal, those Term5 and CO'1diliO'1t. .[ld all lerm~ and condllions and the tanff. if applicable, Constitute the entire Agreement ,1nCl slJpcrs!!do all preIJlous agreements betweliln Qwe~t and ClJ$\omer relallr'9 to the Work and related sublect rnAtt<lr horeof. No other terms and condilioM Me Rppltcable, IncllJdln~ but not limited 10 terms "nd conditions ~twchcd to C~stomer'$ i:'urchflse Order (PO) 1. Customer Responsibilities. C~lslomer shall furnish all surveys aM a doscrlption of Ihe site. Customor shatl be reSpon!;llbla for. and secure and pay for all neceSSAry permits. approvalS. easements, assessments and any other charges required for the WOrk to be performed under this Proposal and provlclo copies ot the samo, along with any I1Ilng Information If apJ:lIICable, to Qwast upon demand, cwest shall be Under no obligation whatsoever and the Customer assumes all rllsponslblllty to contact and make arrangements with any third partlos. slJch as powor companies. railroads, cable companies. or other lalecommunlcMlonn r.nrnp!1nles to lIrrnnge for the rcloc~Uon of wires and equlpmenl or tne temporary dlseonneotlon of the trangmlsalon of electricity. Customer agrees to indemnify Qwest for arty claims, damages or expenses relllted to Custol'l'!er's failure 10 obtain the necessary permissions or per/Orlll lluch other responsibilities described herein, 2. OWesl Responslblntles. OWElllt $hllll supelVl5e and direct the Work under tl'1ls Proposal and al'ullll be Soclely rellpom:lblo for construction m!!ans, methods, techniques, sequencos, procedures of the Work end al'l)' Safety precllutlons associated with the Work hereunder. 3, Concealed/Subsurface Conditions. Should concesled condltlcn~ be encountered billow the !:urfElC!l:\ of the ground. or In an. $)(15tlng structure, during Ihl:\ performanee of the Work, differing materially from thoal:! ordinarily encountered and generally recognlled as Inherent In the Work, the Propos", Charges shall be IlQultably adjusted by chal'lge order upon written claim by either party made within twenty (20) days after the first observanCe Of !luch condlllons. 4. Limitation of Liability. NEITHeR PARTY SHALL BE Lt.l\BLE .TO THE OTHER rOR ANY !NCiOeNTAl, INOIR5CT, SPECIAL OR CONSEQUENTIAL DAMAGES or: ANY KIND, INCLUDING BUT NOT LIMITEO TO ANY LOSS O~ USE;;, LOSS OF BUSINESS OR lOSS OF PROFIT; provided, however, th~re shall be no limitation on a party'S lIablllly to the other for any fines or penalties Impoaad on tM other party by any eourt of competent Jurisdiction or federal, Mate or local admln/atralllll!! agency resulting trom the failure of the party to comply with any term or conditiOn cf this Agreement or any valid and applicable law, r'lJle or rt!gl..llallon, 5, Force Majeure, In the eventlhe performance of OWBSt 15 Interrupted or preve nted by an event, not dUG to lIS own fault, thet was not reasonably foreseeable and could not have been prevented through the exercise of reasol1llble care ("Event of Force Majeura"), then the performance of Owes!'!! Obligations hereunder shall bll suspended until such tlme lJS Ihe Evenl 01 ~orce Majeure has been eliminated. Qwe!!t shall use its best effort to eliminate an Event of Force Majeure. 6. Disputes. Any Claim, eonlroversy or dIspute between the parties shall be r~sol\fM by binding arbitration in accordance with Ihe Fedora! Atbitrlllion Act, 9 U.S.C. 1-16, not stale law. PrOp05<'l1 ~ 2001 Qwest Corporation P!lge 2 7. W:ilrrant~. All workm1lnshlll is guaranteed ilgAinsl defecls for a period of SIX (6) months from the d!ite of completion THIS WARRANTY IS IN LIEU OF ALL OTHER WAR~ANTIES, ~PRE$S OR IMPLIED INCLUDING. BUT NOT LdMITED TO, ANY OTHER WARRANTY OF MERCHANTABILITY OR FITNESS i=OR A PARTICULAR PURPOSE. The exclusive remedy for Customer under this Proposal shall be that Owes! will re-perform any part of Its work wtIiCh is fOund to be defective. In the event the fa cllities Owest rellrr3l'lges in aCCOrdance with this Proposal are owned by the Customer. in addlllon to ro-performing the Work. Qwesl will a9r22 restore the work location to Its original condition. Owest 9 l'1e II not be responSible for damage 10 lis work by other parties Or for improper use 01 the equipment by others. iI. Changes. Changes In the Work, an adjustment to tne proposal price or the tlmoframe for thl!l Work Shall be made by change order specIfically slated In writing. The tost Or credit to the Customer from a change shall be determined by mUlulIl agreement 9. Safety and ~nvlronmantal Conditions. Customer understands and acknowledges that shOUld O'Mlst encoUnter a hazardous substanee end determine that such substance presents a health or phyalcall'1azard, Qwesl may, - without penalty, discontinue work under this contract. 10. Termination. In the !!lvent Customer elects 10 abandon the project and terminate this contrad for Customer's convenience, Owest shall be paid for all Work executed and !lny expense sustained plus 8 reasonable protll, 11. Title to Equipment and Facilities. Title 10, and OWhershlp of alt lines, equipment and other prope1'\Y Installed or constructed by Owest In conneC!l';m wltl'l !hla Agreement, or the provisioning of Service is and remains with Owes!. Customer does nol own faollitles placed as a result.of the work performed under this Proposal, those faellltles are owned SOlely by Owest. 12. Te1eeommunll:atlllns Servloes;' Th!s PrOposal 1$ independent, separate, and dlslJncl frDm any local exchange or other telecommunications or other service Owesl ourrently provIdes, or may provide In the future to Custom@r, Whether or not Owest provides or may provide such services to Customer IJslng the Owest equIpment and factlllJes to wtllcll this Proposal refers. As such. Customer shall be N1aponalble for paying for suo/l other local exchange or othlll' tellllcommunlcatlons or other services separate from the payment reqUirements of tl'llsF>ropo$al. 13. Routing of Services. In connectiOn with providing telecommunications or other services Over the facilities placed as a result of the Work performlld under Ihls Proposal. Qwest may select and use any SWItChes, other equipment, software. or lacililles that Qwellt choosea, In the event. of oUI-or-servlce conditions of allY kind. which affect facilities clescrlbeClln the Proposal. Owest may take steps to supply altemate routes, switches. equipment. and facilities 10 correct such out-ohervlca conditions of any services using t!'le affected faellllles. Wrslon: 05.19.06