HomeMy WebLinkAbout1972 Resolution No. 037RESOWTION NO. 37 , SERIES OF 1972
RESOWTION APPROVING AN AGREEMENT fl/ITH PENNER CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF A
SIX 1fILLION (6,000,000) GALLON TREATED fl/ATER STORAGE RESERVOIR.
WllEREAS, tlic City Council 0£ the City of Englewood, Colorado, finds and determines
that add1t1onal treated water storage for the residents of the City of Englewood is essential
and must be completed at the earliest possible date; and
WHEREAS, invitations to general contractors to bid were submitted pursuant to Section
116 0£ the Englewood City Charter; and
ffHEREAS, said bids were received from several contractors all of which were in excess
of 20t of the estimate 0£ cost submitted by Jorgensen and Hendrickson, Inc., Consulting Engineers
for the City of Englewood; and
ffHEREAS, all of said bids were rejected as excessive in cost.
NOfl, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
1 . That the aqr~eme nt attached hereto between the City of Englewood, Colorado, as a
Hunlcipal Corporation , and Penner Construction Company, a Colorado Corporation, for construction
of a six million (6,000,000) gallon treated water storage reservoir, in accordance with the
contrac~ documents prepared by Jorgensen and Hendrickson, Inc., Consulting Engineers (Proposal
Bid 2A) in the sum 0£ $536,235.00 is hereby approved and accepted.
2. Thllt the Mayor is hereby authorized to execute and the Director of Finance directed
~ attest the Hayor's signature upon the agreement attached hereto, with the said Penner Construction
Company as above described.
3. Thllt "Notice to Proceed" pursuant to the provisions of paragraph 2 of said agreement
shall be Eorwarded to said Penner Construction Company after execution of a Modification Agreement
relative to restrictive covenanta on City owned property on the site of the proposed construction.
ADOPTED AND APPROVED THIS 14th day of August, A.D., 1972.
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Mayor
ATTEST:
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ex off1cio City Clerk-Treasurer
I, Karl F. Nollenberger, ex officio City Clerk-Treasurer of the City of Englewood,
Colorado, do hereby certofy that the above and foregoing is a true, accurate and complete copy
of Resolution No. 37, Series of 1972.
L~ ._w'ff,
Director of Finance
ex officio City Clerk-Treasurer
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AGREEMENT
TRIS AGRBElfENT, made as of the 8th day of August , 1972, by and between the
Ci ty oE En glewood , a municipal corporation under the laws of the State of Colorado, and hereinafter
called the CITY, and Penner Construction Company , of (address)
S490 Nest 13th Avenue, Box 14026, Lakewood,Colorado 80214 , and hereinafter called the
CONTRACTOR .
fil'llEREAS, Proposals have been r <'Ceivcd b11 the Ci ty for the construction of a 6 million gallon treated
water s torage reservoir , in accordance with the Contract Documents prepared by Jorgensen and Hendrickson,
Inc., Consulting Engineers , and the Proposal of the Contractor has been accepted by the City.
ProtJOsal Bid i A J ptcd i n .Jmount or St;JG ,235 .00.
NOii, THEREFORE, THE CITY AND CONTRACTOR for the considerations hereinafter set forth agree as follows:
.1. THE CONTRACTOR AGREES to furnish all the necessary labor, materials, equipment, tools,
and services necessary to perform in a t10rkmanlike manner all t10rk required for the 6 million gallon
treated water storage reservoir, under the Building Schedule, in strict compliance with the Contract
DocwDents listed i n the Instructions to the Bidders, and which are hereby made a part of the Contract
as are all addenda thereto issued prior to the opening of the Proposals.
2. THE CONTRAC TO R AGREES to maintain a rate of progress in the work which will result in
i ts completion within the specified time. Said work shall be started within the time specified in
the Notice to Proceed, and the Contractor shall have the work called for under the Contract completed
before the expiration of 180 consecutive calendar days beginning the day after receipt of the Notice
to Proceed , subject to the bonus and damage payme nts s tipulated in the Contract Documents.
J. THE CITY AGREES to pay , and the CONTRACTOR AGREES to accept, in full payment for everything
Eurnlshed and done by the Contractor under Agreement, and also for indemnification of the City by
Contractor For and agai n s t all loss and datnilgc arisin g out of the nature of the work, the action of the
elements or from any contingencies or difficulties encountered in the prosecution of the work, the prices
stipulated in the Proposal, which is made a part of this Agreement. The Contractor agrees to bind every
subcontractor by the terms oE the Contract Documents. The Contract Documents shall not be construed as
creating any contractual relation between any subcontractor and the City.
All work shall be done under the general supervision of the Engineer. The Engineer shall decide any
and all questions which may arise as to the quality and acceptability of materials furnished, work
performed, rate of progress of work, interpretation of Contract Documents, and all questions as to the
acceptable fulfillment of the Contract on the part of the Contractor.
This agreement and all of the Covenants hereof shall inure to the benefit of and be binding upon the
City and the Contractor respectively and his partners, successors, assigns, and legal representatives.
Neither the City nor the Contractor shall have the right to assign, transfer, or sublet his interests
or obliqations hereunder without writte n con sent of the other party.
IN WITNESS fil'llEREOF, the parties have made and executed this Agreement, as of the day and year hereinafter
set Eorth .
Countersigned and Registered: CITY OF ENGLEWOOD
By
Clerk of the City oE Englewood
Title ~~~~~~~~~~~~~~~~~~~~~
(Seal}
PENNER CONSTRUCTION COMPANY
CONTRACTOR
By /s/ Wayne H. Brown
Vice President:. Title ~......!..!.!::.=......!..!.=:::~.=.!.!~~~~~~~~~~~~~-
(Corpora te Seal of Contractor) ATTEST:
/s/ Norman D. Frantz
Secretary
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