HomeMy WebLinkAbout1963-11-19 EWSB MINUTES'
RliDULAR MEETIID
ENlLEWOOD WATER AND S»IER BOARD MEETING= NOVEMBER 190 1963
The meeting was called to ordGr by Chairman Frantz at .$s00 P.M ..
Members Presents Braun, Brotmewell,, Frantz, Oliner8 Percefull
Members Absent: ParkerD Robohm
Other City
Officials Present: City Manager DialD Utilities Director Babcock,, Consulta..11t Shivers
'l'he following lette1• from Mro Co So D'..mnsi owner=0perator of a larg~ mobile home park
at .36$0 South Feder~ Blvdo 8 was presenteds
•ONovember 180 196)
Mro Harold Babcock
Englewood Water Board.
E.tiglewood, Colorado
Dear Mr., Ba'beock:
Will you please presen·t to the Board 9! shares of Mc&-oom
Di U:h t~ater at a. price of $600000 per shareo
As I explained to you on the telepllone, I have recently
optioned the Al Chile 644 acres along with this wat0ro I
hope to deve.lop this in·iio 45 or SO additional badJ.Y needed
luxury spaces in the next two years and will need the
cooperation of Englewoodo
On a J to l basis ! will want 15 to 18 additional. taps on
the Valley Sanitation line and Mro Dale Rhea bas assured
me that the car171ng capacity of the line for these taps
is adequateo
Englewood is the logical purchaser or all of the outstanding
shares of McBroom Ditch water and I would like to keep the
above mentioned plans and this offer to you stric·tly cor.""'
f'idant,ialo
/jt
/s/ Chauncey So Dunn 0 President
c. s. DUNNll INCo 11
Aft,er discussion by the Board,, in ·which it aas brought out. that McBroorn Ditch Compaey
water rights are among the best -which might be available £or purchase by the City of
:&lglewood1 it •as determined that Mro Babcock., Utilities Director. uould negotiate with
Mro Dunn for purchase of the water 1"ights referred to in Mr'o Dunn~ s let.tero
Mro Dial, City Manager,, for U>formatic:n of the Board, pointed out tbatb pvsuant to the
recommendations of the Nater and Sooer Board on October 29,, 1963; City Council, at its
regular session on November 4, 196.),, authorized the ?t."Ol'ICE OF AWARD,, with stipulations&
or the contract to Holsam Concrete Products Company-for the Wal.den Hollow ... Meadow Cr0Qk
conduit constructiono
Mro Diel stated th.at such t'OTICE OF AWARD was mailed and that same bad provided a. dead ...
line for signing of tbe ce.ntract as of approximately i~vember 21,, 19630 Mro Dial il'):>
dicated f'urther that tho pl"oposed contract between the City and the Contractor had been
delivered to Mro Richard Simon., Attorney for the contractor, on Nove.l?lber 19th and that
later .. -:;hat day,, the following letter and revised., proposed,, contract was receiired. from
Hro Simon:
ttl,AW' OFFICES
RICHARD Hq SIMON
Fi1·st lfational Bank Buildil1g
Englewood,, Colorado
November l9b 1963
City of Englewood
Englet-1ood.,, Colorado
Attentiont Mro Stanley Dial.~ City Manager
Gentlemen:
Re: Holsan1 Concrete Products
CompaJ.-,Y co Walden Hollorr ~
Meadm:r C1'eek Conduit
I have previously conveyed to you the deep concern Mro WinslmJ
bas rega!~ding your Motiee of Auard in connection with the above captioned
bid proposal~ wherein you state as follows:
11 This Award is made specifically subject to the
co:odition that you may not order materiel. of ai~y type
trl:th.out pl"'ior written authorization of the City of
EnglewoodD and no work may he periormad a!'tGr No~ice
to ~roceed during 1963 under the Contract» except such
work as mgy be specificel.l.y authorized by the Engineer,,
the same beiri..g limited to eleai"ing o.f right of way am
construction of access roads as speeif'ied by the
Engineer on
The meehanics or assembling a bid proposal by a contractor are
familiar to youo These include tbe obtaining from var·ious suppliers and
subcontractors tbair l"eS"pecti ve bids ar.d these bids in every case pi>e=
suppose a definite time in ahich their offe~ must be accepted~ usually
within 30 dayso This is eustomar-.r tdthin the tradeo
I therefore feel that yo r Proposal ca!':ries with it an implied undeJ'"'=
standing that the work will ba com."IW~ed imineciiatQJ.y after the admi~stra.=,
ti ve details have been ccnsummatedo It this 11ara other dse, no contracto1"
wuld bid on any proposal a.-1"!d assume the risk of incxeases in prices of
material and laboro
Time is of' the essenee of alt}! construetion contract, being a seaso»=>
able business, and the commencement and comple-tion of the t·mrk must be
clearly definedo Tile commencement and cOTu.-ple·tion factor sometimes spells
the difference between a profit as"1d a loss to any contractor~ as you can
readily seeo In order to demonstrat.e my point, the f'ollowing facts in the
,·
Winslow case are presented1
Commercial Concrete Coo
Wright Tree Service
Martin...Marietta (Supplier)
ColQl."ado Builders and
Suppliers
Dana Kepner Co.,
Goble~; Sampson & Smith
Bid tfas based on clearing immeo
diately' during 1963 and commence
concrete work in early 1964
F.quipment .bas been moved on the jobo
This --should be commeinced this Fall
and schedule considered commencing
immediatel;r G
Bid reoei ved upon the understanding
a firm order for f abrtcation wuld be
received about November 9D 196Jo
Unless a:"l order is received by
December 24 1 1963, the entire bid
may be voided due to a mea-ger of
companies oow pending and to be
consumated before January 1 1 19641:!
Involves ""' a bid of approximately
$4,;8DOOO.,OO for m.a:t.erial and a price
change could. increase cost a:pproxi.0
mately 2901 000@00 additionally.,
Miscellaneous steel: subject to
increase in price of steel~
Pipe~ valve fitt.i.ngs~ eteo, :subject to
increase in steel priceo
Special water supply equi.pmeii-t~
All have given firm bids for JO days from bid opening and tha7
may be forced to raise price9 based on anticipated increase in steel
pl•iceso . . Labor inm"eases in 1965 are already set 8% 0 10%~ It was
anticipated the only lJaek in 1965 was cleanoupo
I have taken the liberty -00 submit herewith fo't' your considerat1on9
a rG=>t'h1aft of your contract in nhich Paragraph III has been changed by
addi tiOl'lc.
It is my opinion that such a change is warranted by the equities
of the case as ·well as the implied understanding that custom in ·the tra.de
dictates~ Addi·tionall.y I Paragl'aph IV er the Contract provides that such
matters may be subject to further ll0g;Otiation~
I respectfully submit that Mr~ Willsloti is entitled to the protection
I have suggested and that tt>.e C :ntr~t, as amended, be ratified by YOU?
/s/ Richard H~ Simon
(Fo;llolri.ng is shown the reodraft or contract as submitted by Mro Richard Simn, Attorney)
11CONI'RACT
THIS AGRE.F.ME?ll', made and entered into this day of
_,....,. ___ ,...,., __ _,_J 19638 by and between the City Of Englewood., "a munici ....
pal Eorporation under tha laws of the State o! Colorado, and hereinafter cal.led
the CITY:> and Holsam Concrete Product8 C~l£ll ·.
of (adch"ess) 3002 South Huron Street,, !!i~ Colorado .
" ' ' • and here:liiarter cailecf' the CONTRACTOR:
,..._------~~~~~~------------
WHEREAS~ Proposals have been received by "'Ghe City for the construction
of Schedule ID Walden Hollmr=Meadow Creek Concui t oi' the Walden Hollmr.:.
Meadow Creek=Ranch Creek Collection system in Grand County/) Colorado under
the Bidding Schedule~ in accorda.~ce t-Jith tho contract documents and specifica=
tions prepared by Wo hlo Whe0ler and Associates,, Enginee1"s_, and the proposal
of the Cont:.ractvr has b0en accepted by the Cityo
NCM:i THIJREFORE8 for and in consideration of the promises:> eove11ants 9
and agreements hereinafter contained to be performed by the panies hea"ete.1> the
said pa:rtie.s her-eby covenant and agree as f0Uc:n.1s:
lo In consideration ei' the covenants and agreements to be kept and
perforraed by the Contractor~ and for the faithfu.1 performar..ce of this Contract~
and the C(}mpletion of the trork embra~ed therein accoi"tlillg to the Specifications
and conditions herein contained and referred tc~ the City sha..U pay:J and the
Contr~toi" shall receive and accept as full co~ensa-tion for everything furm.shed
and done by the Contractor under Agreement., and also .for all loss and damage
aristng out of the nature o£ the work» the action of the elements, or from aey
contingencies or difficulties encountered in the proseeution of the work,
the prices stipulated in the Proposal~ wh-ich. is made a part of this a.greeraento
IIo The Contracto:ctl at his own proper cost and eJq>enseD shall do
all work c:md furnish ell lab.or; materials21 ·t.ools» supplies~ :machinery and
other equipmerit and cons tnl.ction plant th.at mey be necessary for the construction
of Schedxue I,, Walden Hollo:cv= Meadow Creek Condu.i t of ti"le Walden Hollow=
Meadow C:reek=Ran~b c1~eelt Collection System in Grand Com1'tyn Colorado U..'l=>
der the Bidding S\Zhedul.e as described in the speeifications and detailed on
the drawingso
IIIo The maintenance of a rate of prog1"ess in the workjp which will
resu.lt in its completion within the specified time., is an essential feature of
this Contract~ and the ContT<.otor agrees to proceed tl.11.th all due diliger..ce and
care., and at all titr:-es to take all precautions to assure the time o'f completion
as defined in this Ag-cecmento
Said t1ork shall be started iiithin the tiF'..e specified in the Not,ice
to ProceedD and tne Contractor shall ha:ve ~he work called for unde.~ the Contract
completed befoi"e December 31: 196-'o Rm-lever, in view of the implied under0
star1ding that Contractor has predicated his bid herein upon firm offers made
by subeont:raetors and suppliers: which offei .. a were based on a thirty (30) dS¥
acceptance of such offers by Con·~rac ·i;ort1 and since City has by its Notice of
Award amended the Bid Proposal and has prohibited the ordering of a.Yly mat.erial
or aey substantial perforzna:r.ce of the contract during 196.3" this also being
violative of such understand.il1g~ the.~ City hereby agrees to reiinburse and
pay Contracto;c for any increase· in the amourr'~ of eriy item set fo:rth on Ceno
tractors Bidding Schedule~ which increase may be occasioned by such delay!)
any other provision herein or in the Specifications contained to the eont.rary
notwithstandingo
IV o It is understood and a.g!'eed ·chat the Contract Documents., in:~
eluding arr:; and all addenda thereto issued prior to the opening of the Prcposals,
as listed in the instructions ·ro Bidders are esserrvial documnts to this Contra.ct
and al'e made a part hereof end have the same force and ef'!u:ct as if set forth
at length hereino Furthermore:> 01 .. dering of materials shall be subject to the
terms stated in the I~tice of Award or to further negotiations o
Vo All work under tbis Contract shall be done un<Wr the supervision
of tho Engineer mto shall decide aey al.Id all questions that may arise as to
the quality and acceptability of materials furnished, work perfo:rmed3 rate of
progr ss of the tiork~ interpretation of specifications and drm-1ings and all
questions as to the acceptable fulf:l_.l.lm~nt of the Contract by the Contractor.
VIo This Contract and all. of the covenants hereof shall inure to
the benefit of and be binding upon the City and tb.e Contractor0 respectively,
and the Contractor 0 s partners~ successors~ assigns and legal representativeso
IN WITNESS WHEREOF~ the parties hereto have executed tbis
Contract in s:i..x counterparts., as of the day and year hereinabove set fortho
APPROVED:
Countersigned and RegistGred:
.. ~c-=-1-er""1k,._o-:r~t~h-e9'!c~i~t~y-o"'!i:f-"'-·-· -· ·--·-
(Seal)
(Corporate Seal)
CITY OF EiDLFNOOD
By<;:-.------~---~------~--------
T:it..1.e --~------------~~----------
HOLSJ1M CONCRETE PRODUCTS COMPA~Y
Contractor
By-=-----~--~~~~~-....--------· President
ATTEST:
In the discussion fol.lowing; it was determined that the adjustment in Paragraph III of
tho contract» as proposed by Mro Simon» would leave the City virtually 11 unprotectedn ao
far as incr-eMed costs are concerned and consequently such re\rised contract could not
be accepted a£J wo· kable under the circu.mstai'!Ceso
In further diEcusaion, which involved the c'W'.Tent position of the City~ relative to the
progress of Englewood.:.Dcnver negotiatJ.or:S tcttard the alt0rnate plan for developme:nt of
Engle->Aooda s ·Western Slope water rig ts by use of the facilities of the Denver :Beard of
Water Coli1lllissioners, Mr .. Shivers,, Consultant., adV'ised that,, as represen·(;ative for the
City of Engl~ood» he wou.1d be unable to contact the Denver Water Board representative
for further information., relative to a possible cori-lira.ct aith Denver" priol" to November
21.11 19630
In vi.e-d of this information,, it was determined by the Water and Seifer Board that the
City should prevail on the Holsam Concrete Products Company to agree to extension of the
date for Signing of the contra.ct by the City and themselves., or to be rejected by the
CityJI until after the next regular session of City Council 'Hhich is scheduled for Deeembar
2~ 19630
It was further deteI'lll.ined that a spe~ial meeting of the Nater and Sewer Boa.-rd woiud be
held not later than November 29th at 5:00 PoMo ·(io hear a report. from Mro Shivers rec=-
garding any possible developments on the p!-oposed contract ~ith Denver and subsequently»
meet td.th Ml"o Winslow of Holsam Concrete Products Compa.'l'lY and his Attorney, Mro Simon:>
at 8:00 PoMo the same evemng0 all for the pll!.-pose of bei?>g ill position to lfla.ke prepes
recommendations to City Council for the meeting o'f Dtaeeillber 26 196.30
..
Oliner movedD
Percefull.!1 seoondedti That the City Manager be asked to respond to the letter
Ayess
Naysg
Absent:
or .November 19.!> l963tl from Mro Richard SimonD Attor1197 for
Holsam Concrete Products CompanyD after verbal comultation
and agreement by t.he attorney and Holsam Concrete Producta
Comp&J:\Y,p that the City extend the til1le for the contract to
be rej~ted by the City or signed by both the contractor and
the Cit;y.l) Ol'l negotiated terms» to December 2 1 l963J and9 that
a meeti~ of the Water and Sewer Board with the contractor
and his coun3el be requested for the evening of November 291>
1963.!> at 8i00 PoMo 0 unless i»tification is given to the
contraryo
Brmm.I' Brownewe..Ut> Frant,z0 Olinert> Percefull
None
Parker:i Robobm
A report by Mro Bo Oo Baausang» Cit;r Treasurer.I' summarizing a detailed annual repert from
Mro Ro Fa Clark9 Trust Officerv First National Bank of Englevoodv showing the atatua of
Sewer Refunding Bond Eoo Account» was presented to the Board for inf o~ation and
diseussiono (See f:.Opy of Mro Beauzang 0 s report attached a.s a part of these minuteso)
I
There being no further business to corns before the Englewood Water and Sever Boardj) the
meeting was adjourned at 6sJ$ PoMo
Recording eeretary
. -
TO: DATE: eove. be .. 15, 1963
C :'t•"7 m· --•• ' :.L
SUBJEC1.r: A.cTI:WL(, REJ?O ~ t~I? :rnUBT O? '!.C!::. F _RST NA~:'.£0.i:iIAf ... BANI< OJ..l' !:;TA'11US OF
SEWER R :..FUD1DH~G B dD ·'SCRO: i l CCOUNT
----·--------------•a--
.:.-:. det<::.iled c._1 r -·! ...... " P~"" a.ced a1 d b·ansm.:i .. t·::ed to me a ·
Treasm .. ·er .::ro:n M1:. R. F . c~.ark, •. ru0t. Office. First ifa '·.ional Bank
Engle· 1ocd, sho wing ·che k rini::ipaJ., i ~ me and cash ·transZ"ctions in
for the year ending ~cvembG:: 1, : 963.
City
f
detail
A su~tmary repo:·L of tl.ese i....c-nsa'"'·i:1ons is at:c.~ched. .t 1e opera-
tions of '\:he Tr·.: st D2pa:i .. -en e· ,_ r::ov: :i. ~ Eor i<r1es:..:rnent of ic.le cash bal nces
has rest .. ted .; n an c cc rm.~. a'i: i.on o -$5 8. 92. Th.: .. s intere ·: income is in
ad :1. ti on to '-h~! s hedule2 .'.'!.. t:er0s a::.. c1 pr · :ac~~pal a, ouni.:s :Lequired to rE:?fund
the bo1 as outsta'."lcd 1g -'!.'h8 .. '~' .~;'-Oft u!er ha"" d n. ~::::callently in ·t~1e
invcstmeLi: of thcs""' <=unds t :.'3 c':)ntin ·.d ':>enef5.t f the ity.
mhe over?aym::mt 0 -~~ ldO •. 0 1 o':ed Of.I. the :cepor;; ·Jas cue t:o the
t:.:ans·'osit ion of f i-:. 1r-s ·;, d as 0 .,"' _o. o. November 13, 195"'.
B. O. Beai.102rg/
U'i.::il. ty Di ·ect ...
Counc.:i ..
Hz"i:G.::-c.;1d c~ er .. ~. ,;.:;..c. · E c
. -
November 15, 1963
CITY OF ENGLEWOOD
REFUNDING SEWER REVENUE BOND ESCROW A COUNT WITH FIRST NATIONAL BANK OF
ENGLEWOOD TRUST DEPARTMENT
CITY TREASURER'S AUDIT AND SUMMARY
Summary of detailed report of transactions from November 1, 1962 to
November 1, 1963 prepared by R. F. Clark, Trust Officer, in conformanc
with Section 12 of the Escrow Agreement submitted November 5, 1963.
This summary deals only :Tith the c sh position of the Escrow Account
as the Inves~ nts ar fixed until maturity.
Cash Balance J..'lovembe;: 1, 1962:
A,gg Rece·pts:
· Matured Investm nts
Interest Inc me
Total
Tota! ~sh tQ Q§. Account~d ~:
j&§§ Disburs ments:
Payments to City under provisions
of Escrow
~ Balance, November lr 1963*
Less Interest Income from Investments of
--"Idle Funds:
$59,870.80
22,141.87
$82,012.67
$71,122.00
Add Overpayment ~o City on October 1, 1963
(Paid $10,750 instead $10,570~ returned
November -3th by Ch ck No. 781 f r $180-00)
.Balanc~ ~,...: ~~ ~ s..~...e:
*Cash Balance of November l, 1963 consists of
Inv""stmenta $10,016.35
Accuxed Interest 75.41
Cash _ 1,326.41 .uw1s.11
$ 527.50
82,012.67
$ 82,540.17
71,122.0Q
$ 11,418.17*
548.92
$ 10,869.25
180.00
$ 11,049.25