HomeMy WebLinkAbout6146RESOLUTION NO. 6146
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE
UNION POWER CONSTRUCTION CO., RELATING TO 1988
UNDERGROUND ELECTRICAL DISTRIBUTION PROJECTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that:
SECTION 1.
An Agreement dated February 8, 1988, the original of which is on
file in the office of the City Clerk and is made a part hereof by reference,
after having been approved as to form by the City Attorney, by and between
Pueblo, a Municipal Corporation, and the Union Power Construction Co., 2045
W. Union Avenue, Englewood, Colorado, relating to construction of underground
electrical distribution projects in 1988, is hereby approved.
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The President of the City Council is hereby authorized to execute
the said Agreement on behalf of Pueblo, a Municipal Corporation, and the City
Clerk shall affix the seal of the City thereto and attest the same.
ATTEST:
INTRODUCED February 8 ,1988
By SAMUEL CORSENTINO
Councilman
APPROV r-
resident of the Council
Ci y Clerk
AGREEMENT
THIS AGREEMENT, entered into this 8thday of February, 1988, by and
between the City of Pueblo, Colorado, for the use and benefit of Developers
as they are defined in Title XII, Chapter 8 of the Code of Ordinances of the
City of Pueblo, Colorado, and
UNION POWER CONSTRUCTION COMPANY
hereinafter called "Designated Contractor ".
WITNESSETH:
For and in consideration of being selected as Designated Contractor for
the installation of underground electrical facilities under the provisions of
Title XII, Chapter 8 of the Code of Ordinances of the City of Pueblo, Colorado,
UNION POWER CONSTRUCTION COMPANY
does hereby agree to serve as Des-
ignated Contractor to install underground electrical facilities as requested
by Developers under the provisions of said Title XII, Chapter 8 for the cal-
endar year 1988.
1. Upon request by a Developer as defined in the Ordinance, Designated
Contractor agrees to make such installations at the unit price submitted by
it in its bid.
2. Designated Contractor agrees to install such underground electrical
facilities in conformance with:
(A) All provisions of Title XII, Chapter 8 of the Code of
Ordinances of the City of Pueblo, Colorado.
(B) The engineering, design and specifications of materials
established by Company for each project under said Ordi-
nance.
(C) The applicable Electrical Codes of the City of Pueblo,
and State of Colorado, if any.
3. Designated Contractor further agrees to execute and deliver to the
Developer and the Department of Public Works of the City of Pueblo, for each
individual project undertaken at the request of a Developer, a completed con-
struction contract with Developer, in a form substantially as attached hereto
as Exhibit "A ", or such other written construction contract as Developer and
Designated Contractor may mutually agree upon prior to commencement of the
project. Designated Contractor will perform all work on such project in ac-
cordance with the terms and provisions of said construction contract as well
as in conformance with subparagraphs (A), (B), and (C) set forth above. Des-
ignated Contractor acknowledges and agrees that neither the City nor the Com-
mittee shall be parties to such construction contract and that neither the
City nor the Committee shall be liable or responsible for the performance or
non - performance of any term or provision of such construction contract.
Designated Contractor shall have the right to negotiate with Developer
the terms and assurance of payment for each individual project undertaken. If
Designated Contractor cannot negotiate terms and assurance of payment satis-
factory to it for an individual project, then Designated Contractor may refuse
to contract to install that individual project without losing its status as
Designated Contractor as long as such refusal is not arbitrary or capricious.
4. Designated Contractor agrees to correct any work found to be defective
or nonconforming within a period of one year from the date of substantial com-
pletion of the contract, or within such longer period as may be prescribed by
law or the terms of any applicable special warranty prescribed by the contract
document.
5. This Agreement shall be binding upon the heirs, personal representa-
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tives, successors and assigns of Designated Contractor. This Agreement may
not, however, be assigned by Designated Contractor without the prior written
approval of the Committee established under the Ordinance and the Director
of Public Works of Pueblo, Colorado.
THE. CITY OF PUEBLO, COLORADO, FOR THE
USE AND BENEFIT OF DEVELOPERS AS THEY
ARE DEFINED IN TITLE XII, CHAPTER 8
OF THE CODE OF ORDINANCES OF THE CITY
OF PUEBLO, COLORADO
B
Pre
siden f the Council
ATTEST:
WON. ; j V5 ' P j 4R V �� �
U14ION POWER CONSTRUCTION COMPANY
By �.:
Timothy A. Soule
Title vice President
APPROVED AS TO FORM:
C' orney
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