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HomeMy WebLinkAbout6500RESOLUTION NO. 6 500 A RESOLUTION APPROVING AN AGREEMENT RE- LATING TO 1990 UNDERGROUND ELECTRICAL DISTRIBUTION PROJECTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1. An Agreement dated February 12, 1990, 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 ICG Electric, Inc., 1220 Valley Street, Colorado Springs, Colorado, relating to construction of underground electrical distribution projects in 1990, is hereby approved. CFf TTnM 9 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 12 1 1990 BY Dr. Gilbert Garbiso Councilman APPROVED - - Oc6ya�::A *PesiJ the Council c. d� City Clerk AGREEMENT THIS AGREEMENT, entered into this 12th day of February, 1990, 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 I.C.G. ELECTRIC INC. , 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, I.C.G. ELECTRIC. INC, does hereby agree to serve as Designated Contractor to install underground electrical facilities as requested by Developers under the provisions of said Title XII, Chapter 8, for the calendar year 1990. 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. (H) The engineering, design and specifications of materials established by Company for each project under said Ordinance. (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 construction 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 accordance with the terms and provisions of said construction contract as well as in conformance with subparagraphs (A), (B), and (C) set forth above. Designated Contractor acknowledges and agrees that neither the City nor the Company 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 satisfactory 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 completion 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 representatives, 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 BY A esident of the Council ATTEST: ity Clerk 1.C.G. ELECTRIC, INC. BY: Michael L. Gilbreth, President APPROVED AS TO FORM: City rney