Loading...
HomeMy WebLinkAbout7085RESOLUTION NO. 7085 A RESOLUTION APPROVING AN AGREEMENT RE- LATING TO 1993 UNDERGROUND ELECTRICAL DISTRIBUTION PROJECTS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: CFrTTnN 1 An Agreement dated February 22, 1993, 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 WestPlains Energy, 200 West First Street, Pueblo, Colorado, relating to construction of underground electrical distri- bution projects in 1993, 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 February 22 ,1993 By JOHN CALIFANO Councilperson APPROVED %Y fa Pre ident of the Council ATTEST: ity Clerkr ArpFFMFNT THIS AGREEMENT, entered into this 22nd day of February, 1993, by and be- tween 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 WestPlains Energy , 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, Colo- rado, WestPlains Energy does hereby agree to serve as Designated Con- tractor to install underground electrical facilities as requested by Developers under the provisions of said Title XII, Chapter 8, for the calendar year 1993. 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 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 accordance with the terms and provisions of said construction contract as well as in conformance with subparagraphs (A), (B), and (C) set forth above. Desig- nated Contractor acknowledges and agrees that neither the City nor the Com- pany 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 non - conforming 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 con- tract document. -2- 5. This Agreement shall be binding upon the heirs, personal representa- 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 DE- FINED IN TITLE XII, CHAPTER 8, OF THE CODE OF ORDINANCES OF THE CITY OF PUEBLO, COLORADO APPROVED AS TO FORM: By President of the Council � e'�t� x - -�&, Ci y Cler WESTPLAINS ENERGY By _ ty ttor _:�_ ATTEST: -3-