HomeMy WebLinkAbout1963-11-29 EWSB MINUTESSPEUIAL MEEl'IH.r
EIDL!G/OOD WATER AND S&ma BOARD ... NOVEMBER 29 1 1963
The iueeting was called t.o Ol"der by Chairman Frantz at 5:0.$ P.M 0
Members Present: Braun;i Brotmewell., FrantzD Olinerb Percefull, Robobin
Members Absent: Parker
Other City
Officials Present: City Manager Dial, Utilities Director Babcock, Oons'ulta.nt Shivers
A discussion was held relat,ive to the status of negotiations between the City of Englewood
and the Demrer Board of Water Commissioners i'or possible development of Englewood as
. Westei"'n Slope water rightso
For information of the BoardD the £01101 ·ng correspondence was presented a.~d read:
Mro Floyd Winslow
1rcITY OF ENGLEWOOD
Office of City Manager
Po O<> Box 178
Englewood., Colorado
November 20, 1963
Holsam Concrete Products Company
3002 South Hm.·on Streat
Englenood~ Color ado
Dear Mro Winslow:
There have been several discussions between various officers of
the City and of your firm following your receipt of' the City0 s
11 NOTICE OF AWARD 11 of the contract to your firm tor the Walden
Hollow = Meadou Creek conduit constructiono
On Tuesda;r., November 19th, we delivered to Mr o Richard Simon
a proposed contra.ct between the City and your firmo Later on
that date, we received a let·iier from Mrc Simon a1ong with a pre=
posed contract which '\raried somewhat from om~ proposed contracto
Last evening I reviewed this matter with the City~s Water and
Sewer Adtisory Board at their regular monthly meeting o The ad=
justment in Paragraph III of tha proposed contract presents a nlll'll.=
bar of problems to the Cit.y 8 as also our stipulation in the 11 N0'1'ICE
OF AWARD,. presents p:roblems ·~o youo
It is om"' feeling that tha factors which requ:il"ed our insisting upon
a strict. cont1--ol by tha Cityv s engineer of your operations may be
resolved in a matter of a t·reek to ten dayso If these prcblems can
be ~esolv0d~ the City may then be in a position to execute a con=
tract with yow fil"lll without these unusue:t limita:tiol!Sv ~ith the re=>
sult that you~ in turnD would not find it necessary to require the
stipulation in Pa.i"'ii IIIo
It isD therefore~ our desire to extend the time for the contract to
be rejected by the City 01~ signed by both the contractor and the
City on negotiated ·terms., to December Sv 19630
If' thia extension of time mee·lis 'With your approval., I would a.pprecic::>
ate 7ov.r returning to me one copy o! this lettei .. acknowledged by you
as provided balowo
Cordially yours»
/s/ Stanley Ho Dial
City Manager
SHD/ij
CG: Mro Harold Ho Babcock, Ut,ilities D'ir.ector
Mro Richard Simon, Attorney
Having carefully :read and considered the provisions of this letter.,
the Holsam Concrete Products Company agl"<?es to extend unt.il
December 5~ 1963» the contract to be rejected by the City or
signed by the contractor a!'..d the City on negot.iated terms.
FLOYD WINS!m
Holsam Concrete Products Companyu
°CITY OF E.'t4GU)JOOD
Mro Floyd Winslow
Of fie e of City Mai.1ager
Po Oo Box 118
EnglewcodD Colorado
Holsam Concrete Prod.ucts Con:pany
3002 South Huron Street
E:nglewoodtJ Coloraoo
Dear Mro Winslow:
This morning I visited with M'o Cecil McMillan and Mro Gordon
Hayes of your fil•m. regai"ding the ext.ension of tinw requested in
nw letter to you da·ted Novomber 20 8 l963o
I am sure that. your f:i..l~m ha.s incurred several costs in connection
with your bid to the Cityo P.lthough I cannot commit the City
'ithoitt autho ization from the City Gouncil:i I feel that. you might
reasonably el..-pect that the City would ~ "Hilling to discuss these
costs with you at a later time in the event tha·t. the City later r~
jects your bido
I will look £orwa"~d to receiving further inf o:rmation from. you re=
ga.rding the possible extension as requested previouslyo
Thank you ..
Cordially yours.,
/S/ Stan.le;r Ho Dial
City Ma.Tlager
SHD/ij"
Mr. Dial brought out., in the discussion which. tollowedB that the proposed acceptance
to agree, as set out in his lettei"' of November 200 196.3, to exi;end the time feyr rea.
jecting the proposed contract or same to be signed by the contractor al'Xl the City,
to December $, 196311 bad not been signed alXi returned by the contractorJ nor, to date11 has any further inf omation been forthconrl.ngo
Mro Shivers advised the Water and Set-rer Board that all of tha necessary rigbtaof=wq
for the Wal.den Hollow = Meadow C~eek conduit has not yet been acquired: and that it
appears that litigation may be necessary to acquire sameo
After some f'W."ther discussion,
Oliner ,moved,,
Robobm~ seconded, That the Water and Sewer Board recf)mmend to City Council
that the proposed coirt.raet between the City ot Englewood
and Holsam Concrete Products Compal\)" t> fo:r coDStruction
or Walden Hollon"" Meadow Creek conduit~ be rejected on
the grounds that the City has been unable to acquire all
of the necessary rigb:ii=>Of=li8YJ and8 the Col'ltractor» as
of this date, has refused to accept. Qll al-7ard in which he
can ucrk only upon construction as sp<Seifically authorized
by the engineer, in order to stay within presently acquired
righiP<>f-=-tmy o
.Ayess Braun, Bl'ow.nawell, Frantz,,, Oliner_, Pereefull., Robohm
Nays: None
Absent: Parker
There being no further business to coll'l.e bef 01 .. e the Englewood Water and Sewer Board, the
meeting llas adjourned at 6125 P.Mo
Approved=----------
MEMORANDUM TO THE ElllLEWOOD CITY COU?CIL REXlAP..DOO ACTION
OR RiroOMMEm>ATIOH OF THE ENGLmroOD WATER AND S:EWm BOARD
Date: November 29 0 196 3
Subject: Rejection of Proposed Contract For Construction of Walden HollOW' .,,
Meadow Creek Conduito
Recommendation: That the proposed contract bstmien tha City of Englewood arxl Holaam
Concrete Products Company f <n: construotion of Walden Hollow "" Meadow
Creek conduit be rejected on the grounds that the City has been un""
able to acquire all of the necessary l'ight,c.,of=We-YJ andit the Contractor»
as of this date, has :refused to accept an avard in which he can o.nJ.7
work upon construction as specifically authorized by the qineer,,
in order to stay within presently acquired right...of=t.f~o
Respectfully submitted,
EmLmfOOD WATER AND SEWFR BOARD
By: Rooort F o Frantz
Chairman