HomeMy WebLinkAbout7330RESOLUTION NO. 7330
A RESOLUTION APPROVING AN AGREEMENT RE-
LATING TO 1994 UNDERGROUND ELECTRICAL
DISTRIBUTION PROJECTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, that:
SECTION 1.
An Agreement dated March 28, 1994, a copy of which is attached
hereto, 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 distribution projects in 1994, 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 March 28 ,1994
By JOHN CALIFANO
Cpunci 1 person
APPROVED
siaent or - the Lounc
ATTEST:
City Clerk
AGREEMENT
THIS AGREEMENT, entered into this 28th day of starch, 1994, 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
hereinafter called "Designated Contractor ".
WITNESSETH:
WRgTPT.ATNS ENERGY .
For and in consideration of being selected as Designated Con-
tractor for the installation of underground electrical facilities
under the provisions of Title XII, Chapter 8, of the Code of Ordi-
nances of the City of Pueblo, Colorado,
WESTPLAINS ENERGY 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 1994.
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 util -Lties in conformance with:
(A) All provisions of Title XII, Chapter 8, of the
Code of Ordinances of the City of Pueblo, Colo-
rado.
(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 commence - meat of the project. Desig
nated 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 con-
tract 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 in-
dividual 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
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special warranty prescribed by the contract document.
0. This Agreement shall be binding upon the heirs, personal
representatives, successors and assigns of the 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 Or' PUEBLO, COLORADO, r'OR 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
ATTEST.
City Cler
By
resident of the Council
WESTPLAINS ENERGY
!1
ray
APPROVED AS TO FOPM:
z
l � C y Attorney
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