HomeMy WebLinkAbout6679RESOLUTION N0. 6679
A RESOLUTION APPROVING AN AGREEMENT RE-
LATING TO 1991 UNDERGROUND ELECTRICAL
DISTRIBUTION PROJECTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that:
SECTION 1.
An Agreement dated January 28, 1991, 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 1991, is hereby approved.
SECTION 2.
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.
INTRODUCED January 28 1 1991
By KENNETH HUN _
Councilman
APPROVED
sident of the Council
ATTEST:
r^ �
City Clerk"'
,
THIS AGREEMENT, entered into this 28th day of January, 1991, 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 1991.
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 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.
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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 Q
President of the Council
A�
I.C.G. City Clerk
ELECTRIC, IN
BY;
Michael L. Gilbreth, President
APPROVED AS TO FORM;
City Att tye y