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HomeMy WebLinkAbout2006-08-21 (Regular) Meeting Minutes• • 1. Call ta Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular S111lan August 21 , 2008 The regular meal ing of !he Englewood Ci ly Council was called to order by Mayor Wolosyn al 7:35 p.m. 2. Invocation The lnvocalion was given by Council Member Barrenllne . 3. Pledge of Allegiance The Pledge of Alleg iance was led by Ma yor Wolosyn . 4. Rall Call Present Absent A quorum was presenl. Council Members Tomasso , Barrenline , Oa kley , Mccaslin , Woodward , Wolosyn Council Member Moore Also present Cily Manager Sears Cily Altorney Brotzman Depuly Cily Manager Flaherty Cily Clerk Ellis Depuly Cil y Cl erk Bush Director Olson , Safety Se rvices Direclor Fonda , Ul ililies Manager of Open Space Lee , Parks and Recrealion Direclor Kahm , Public Works Police Sergeanl Walson , Safety Services Eng ineering/Capil al Projecls Adminislralor Henderson , Public Works 5. Consideration of Minutes of Previous Sess ion (a) COUNCIL MEMBER TOMASSO MOVED , ANO IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 7, 2006 . Mayor Wolosyn asked If lhere was any discussion . There was none . Vote results: Ayes : Nays : Absen t Molion carried . Council Members Barrenllne, Mccaslin, Wolosyn, Woodward, Tomasso , Oakley None Council Member Moore • 6. Recognition of Scheduled Public Comment There were no scheduled visitors. Englewood City Council Augu1t 21, 2008 P■ge2 7, Recognition of Un1cheduled Public Comment (a) Doug Cohn , an Englawood residanl, sa id I just wanted lo come and say thank you . The Car Show plans are coming along pretty well . The yellow piece of paper you ha ve on your desk shows the sponsors . There are a goodly number of folks , right here In town, who thought the car show seemed like a really good Idea and they hove contributed gift certificates , money and those kinds of th ings to make it happen . I wanted to say thank you also to the fellows In Publ ic Works, Safe ly Serv ice , Finance , Commun ity Development , Parks and Rec and the street guys . I'm not exactly sure where the street guys are from , but that Is probably Public Works ... and to all the City Council for all the th in gs you ha ve done so far In the planning for the Englewood Day even t. We are go ing to have some ki nd of neat th,ngs going on . The second piece of paper , the wh ite one , is a coloring contest that we are hav ing . A group called Pos itively Engle wood is go ing to donate three brand new bicycles as first prizes. A ne w store on Broadway, Jerry's Artarama , is going to provide also anoth er grand pr ize for a budding arti st. The poste rs are ava ilab le around town and they will be displayed in the stores up to the time of the show. The Eng lewood Chamber of Commerce is go ing to have the Taste of Englewood that day , so if you gel kind of hungry a'ter loo king al all the tractors, mons ter trucks, class ic cars and military vehicles you can drop by and gel a little taste of food . There will be three live bands playing in the Lincoln Street park ing lot , so you can sit down and enjoy a li ttle bit of li\i.ht mus ic as we ll . So , I just wanted to ex ten d a personal invitation to you all to come out on Saturda y, Septem ber 9 and join us for the party on Broadwa y. n .an k you . Mayor Wolosyn sa id than k you, Doug . Council Member Mccaslin said are th ese coloring contest entries go ing lo be distr ibuted through the schools or what? Mr . Cohn said yes , my daughter-In-law is on the PTSA group al Cherrelyn and she was go ing to talk to her Princ ipal today and see who sh e needed lo contact at the other elementary schools and , hop efully , that will be done within a couple of days. Mr . Mccaslin sa id okay . Mr . Cohn sa id I th ink ii would be great to have a co ntest • within the schools and between th e sch oo ls and I hope the Pos itively Englewood guys will ha ve a real ha rd time • choos ing a winner come Saturday . Counc il Member Barrentine said what the y are go ing to do is go ahead and displa y th e entr ies with the personal informa ti on fold ed to the ba ck. Hop efully , that will be a nice kick for th em, because th e bus ines ses are pulling th ese in their win dows downtown , as well. II will be nice , but we don 't want to ident ify the ki ds . Ma yo r Wolo syn sa id okay, than k you , we will see you there . Ms . Barrent ine sa id thanks fo r all your hard wo'k on th is. 8. Communications , Proclamations and Appointments (a) cons idered . A letter from Vic Ca lender announ cing his resignation fro m the Urban Rene wal Authority was COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO ACCEPT THE LETTER FROM VIC CALONDER ANNOUNCING HIS RESIGNATION FROM THE URBAN RENEWAL AUTHORITY . Mo tion carried . Ayes : Council Members Barrentin e, Mccasli n, Wolo syn , Woodward, Tomasso , Oakley Nays : None Absent: Council Member Moore (b) A proclamation regarding National Alcohol and Drug Add ict ion Recovery was cons idered . COUNCIL MEMBER WOO11WARD MOVED, AND IT ViAS SECONDED , TO APPROVE A PROCLAMATION • REGARDING NATIONAL ALCOHOL AND DRUG AClllCTION RECOVERY. Vote re ■ulta: Ayes : Council Members Barrentine , Mccaslin, Wolosyn , Woodward , • • Epglewood City Council Auguat 21, 2008 P1913 Nays : Absent: Motion carried . Tomasso , Oakley None Council Member Moore Mayor Wolosyn said Is there anyone here to receive th is? There was no one . Ms . Wolosyn said we will make sure It ls delivered to the proper people . 9. Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), 9 (b) (I) and (II). (a) Approval of Ord inances on First Reading (i) COUNCIL BILL NO . 32, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERI JM ENTAL AGREEMENT ENTITLED "AMENDED AND RESTATED WASTEWATER TRANSMISSION AGREEMENT" BETWEEN SOUTH ARAPAHOE SANITATION DISTRICT , THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE , SOUTHGATE SANITATION DISTRICT , SOUTH ENGLEWOOD SA NITATION DISTRICT NO . 1, WASTE MANAGEMENT OF COLORADO , INC . AND THE CITY OF ENGLEWOOD , COLORADO . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 31, SERIES OF 2006 (COUNCIL BILL NO . 24, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING A CONTRACT ENTITLED AGREEMENT REGARDING DESIGN , EASEMENT ACQUISITION AND CONSTRUCTION RELATED TO THE BIG DRY CREEK TRAIL BETWEEN LEHOW AVENUE AND BROADWAY BETWEEN THE CIT Y OF ENGLEWOOD , COLORADO AND THE SOUTH SUBURBAN PARKS FOUNDATION . (ii) ORDINANCE NO . 32 , SERIES OF 2006 (COUNCIL BILL NO . 34 , INTRODUCEC• BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "EMERGENCY ACCESS AGREEMENT CITY OF ENGLEWOOD WATER PIPELINE REPAIR JULY 28, 2006", RELATED TO THE REPAIR OF A BROKEN WATER f'IPELINE BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE DEPARTMENT OF NATURAL RESOURCES, COLORADO WATER CONSERVATION BOARD . Vote rHults: Ayes : Nays : Absent: Motion carried . Council Members Barrentine, Mccaslin, Wolosyn, Woodward, Tomasso , Oakley None Council Member Moore (c) .~esolutions and Motions There were no addltlonal resolutions or motions submitted for approval. (See Agenda Item 11 (c).) • 10. Public Hearing Item ■ No publ ic hearing was scheduled befo re Council . Englewood City Council Auguat 21, 2001 P■ge4 ,,. Ordlnancea, Reaolutlon and Motion• (a) Approval of Ordinances on Flrsl Reading There were no addillonal Items submilled for approval on firsl read ing . (Sea Agenda Item 9 -Consent Agenda .) (b) Approval of Ordinances on Second Reading There were no additional Items submllled for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Manager of Open Space Lee presented a recommendation from the Parks and Recreation Department lo approve , by motion, a contract for professional services during the golf course redevelopment for golf course construclion observation . He sa id I am here before you tonight lo request that you approve, by motion , a contract for professional services for golf course construction oversight. The construction management of the City will be baller • ,ited if we monitor the key elements of the construction project. Some of the conslruclion elements include : depth of cap cover over the landfill, irrigation system Installation , greens mix, drainage installation and contouring and seeding . The scope of services is estimated lo be around $100,000.00 and funding for Iha! will come out of the $650,000.00 Iha! is being put forth by Miller Weingarten . Along with those funds are consideration for a new pump stallon ... environmenlal consultants , wetland remed iation and fencing along the eastern perimeter. And with that , if you have any questions I would be happy lo answer them . Mayor Wolosyn asked if there were any questions . • Council Member Woodward said would this document be subject to the final execution of the development • agreement and the total deal? Mr. Lee said yes , that is correct. Mr. Woodward said I believe , as I recall , ii has been executed , but the contractor has not been engaged to spend any of his dollars as of yet , is Iha! right? Mr. Lee said that is correct. Mr . Woodward said okay, thank you . City Allorney Brotzman said there is actually a notification requirement in the contract that the Parks people have to giv e him notice lo start . So, obviously they won't give him notice until everything is taken care of. Mr. Woodward sa id okay. Council Member Barrentine said being that we won't incur any obs&, val ion costs unless there is something to observe? Mr. Lee said that is correct, unless the deal is brought forward , then there will be no professional consultant fees or consultan L COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • A CONTRACT FOR PROFESSIONAL SERVICES DURINO THE GOLF COURSE: REDEVELOPMENT FOR GOLF COURSE CONSTRUCTION OBSERVATION . Mayor Wolosyn asked if there was any more discussion . There was none . Vote reaulls: Ayes : Nays: Absenl: Motion carr:ad. Council Members Barrentine, Mccaslin, Wolooyn , Woodward , Tomasso, Oakley None Council Member Moore Mayor Wolosyn said thank you Dave . (II) Director Kehm presenled a recommendation from the Public Works Department lo approve, by motion, awarding the conlracl for the 2006 Mic ro-Surfacing Program to Broadaway Holdings LLC, In the amount of $297,960 .00. He sa id In the Council Commun ication you rece ived tonight, you can quickly see that • • • • E11gl1wood City Council Auguet 21, 2006 P1g15 Englewood has been aucceasfully placing slurry and micro-surfacing programs v· Jur City streets for a total of 20 years . We had one failure In 1988 and at that time I worked with the Street D,.,.Ion folks and we decided we didn 't want a second one , so we did our research . We joined an organization celled, et that time it was the lnlematlonal Slurry Seal Association , because what they primarily did in those days was slurry seals. Later , as micro-surfacing became a more prominent product, they changed the name of that organizat ion to the International Slurry Surfacing Association . We actually went to a seminar In a different stale ... and what we found was the local ISSA conlraclor lhal we had been using, really was us ing old technology . And , we ended up pulling some slurry on our streets and we couldn't open our streets up lo local traffic for three days ... and of course, that wasn 't acceptable to us . We found out about a product called qu ick-set slurry and we learned about ii. The early slurry products , I might po int out, were based on placing aggregates and emulsified asphalt on roadways , mostly in warm climates . Those products depended on sunshine and temperatures to cure to where you could put traffic back on them . About the time . in the late 80 's when we learned about the products , we found that there were quick -se ts whe re the industry had actually progressed and they were dealing now with chemistry that caused the product to break, as opp osed lo drying . We learned about products that you could dr iv e on le :wo hours and that is what we wanted for our Englewood streets . So we proceeded to join the ISSA . We learned that the successful products in the South were coming from a place called Granite Mountain , where there were literally millions of cubic yards of crusher fines from the manufacturing chips for chip seals on roads . If you recall, years ago we would put a tack coal down, then pul chips on top of that and roll It in. We had a lot of problems wilh that, because we got broken windshields and kids falling on Iha chips and being cul up and those types of th ings , so that was kind of fallinq out of favor . Bui , we also knew that here , we had been working with ch ip seals and we knew that Asphalt Paving ,., Golden , Colorado had a quarry and they had been selling chips ... a high quality chip ... for many , many years . So we anticipated that we were go in g to go up to Asphalt Paving and find a great big mountain of aggregate that had no value . In fact, when we got there , we found no great big mountain , because that byproduct.. .the aggregate al Asphalt Paving 's Golden quarry, is one of the hardest aggregates in the Slate of Colorado ... second only , to my knowledge , to diamonds . If you can find a diamond in Colorado it is harder . So with that in mind , we got up there and found that they were using the byprodu ct in hot mix t~ stiffe,n ii up and make ii a more quality product. An example being, the only way they could put asphalt in at DIA wher, they bu ilt all the taxiways out there , was to re -enforce that asphalt ... hol mi x product...wlth those fines from Asphalt Paving . So, there was a demand . In fact, it turned out that that aggregate , not only was it not a waste pile , but it was selling for five times what most aggregates were selling for along Iha front range ... most river aggregates . But ,we sel oul...we wanted to use that rock, because~ is one of the most durable rocks in the State and it is really close ... just being up here al Golden. We had very lillle knowledge , but we knew we wanted lo do something with our Englewood streels ... we needed a maintenance oplion . So, we set out and we hired the then Director of Research and Development for the ISSA. .. Ben Bened ict , he was in Dayton , Oh io. We hired him to desigr , a mix for us and we got down to Iha nilly-gritty. We were concerned ... in the early days we mostly wo rri ed a out , Nhat is the charge on the aggregate , whal is the charge in the emuls ion ... because, if you put two positives together ,hey repel. .. two negatives repel. We found that out in our 1986 fa ilure . We had a contractor lhal was pulling a negative asphall wilh a negative aggregate and the result being that we had some stuff lhal was done on Qu incy that was gone in two weeks . It didn 't stay very long at all ... it just came bac k off the streets . We went to the trouble to understand what our streets were made of. We actually took and cut sections oul of our roadways , because our street system had been built over a number of years , bul basically the same asphalt products. We actually cul squares of asphalt oul and shipped them to Dayton , Oh io to make sure that (1) what eve r we developed would have adhesion ... lt would stick to lhe existing street and (2) then there would be a mix that would have cohesion, so that it would stick together and so we would have a solid product. We also learned in dealing with the !SSA at that time, that world-wide, they told us , there were a potential two million possible slurry and mlcro-surfacn g mixes . If you take all Iha crudes that are oul there and all the asphalt proC:ucts, all the emulsions and mixed them ... it is kind oflike the lollo ... there are a lot of combinations . Bui we were also told forever , that only 4 percent of those two million will be successful products . Thal is 80 ,000 out of two million . We had already had one that was In the other 1,920,000 ... so we were look ing for success . We went to the trouble lo have a product designed . A; that time, there were only two micro-surfacing products ... emulsion products ... in Iha country that were available for what we were trying to do. One was manufactured by Ergon ... at that time it was coming from Jackson , Mississippi. The other was from Koch and the name of their product was Ralumac . When all the lab work was done , they came back to us and said that the only product that would work with this aggregate ... because the aggregate has a lot of chemistry to It and they call It hot rock , It reacts rapidly lo emulsions ... but the only one that would work was the Ergon product. We were also told that Its manufacture was Venezuelan crude wh ich meant that we probably had one of the top three micro-surfacing products systems In the Country and in fact, In the World . So we went on and we wanted to get a contractor to do some work for us, but Englewood City Council Augu1t 21, 2006 Page 6 whal we ran inlo wilh the ISSA was , ii was an indu r.try grou p and since we had one of their members !:.cated in Colorado , none of the contraclors In Kansas would come to Colorado and wor1< for us , because th~y were respecting the other fellow's territory . At that time , we met w . Jake Elroadaway who was ru,,ni ng Bllum lnus Asphalt Sealing Speclallsl, and he was Iha Presidenl of ISSA . So , Iha street folks ... anrl 1 ~elieve Mr. Oakley was there ... the streel folks and myself, we sat dov.~ and we shamed him, as tho Presidenl of that organization , inlo coming lo Colorado and putting some qulcksel pr ,duels 'Yl our streets . As l result of t~at, over a three -year period , he was prelly much drummed oul of the ISSA . Thay had a code and that w as a long time ago and th ings are differenl today , I am sure ... bul he ended up be ing drummed oul of lhat organizalion . We went on .. .from 1987 , 1988 , 1989 and 1990 and we did slurries ... we did qu icksr,t slurry . We lhen foand lhJt micro-surfacing was out there . Slurry is a producl...you are mixing the aggregate with the emulsion , but you are pulling down a single th ickness . The chem lslry only allows it to go down one th ickness so if you are pulling down a Type 2 ... which is what we use on our streels typlcally ... the largest aggregate will pass through , basically , a quarter Inch screen ... so ii gives you an idea of the thickness , less than e quarter of an inch . And it gives you h good seal and it gi ves you new wearing course , so it does those things . Since we were importing our emuls10n halrway across the country anyway, micro-surfing emulsion allows you lo go in and do those same things but II also has the chem istry that allows you the capability of re-profil ing your streets , filling Iha ruts like we did on Broadway last year ... where we were filling 2" to 2 Y, deep ruls ... you can 'I do lhat wilh a slurry . Bui we found 11,al the micro-surfacing emuls ion just wasn't very much more expensive than slurry , at that time, so we elected , starting in 1991 , (o go lo micro- surfac ing . II gave us more flexibility and a belier bang for our buck . In all !hose years , \llis is the first year we have come to you with a bid . All those years we negotiated with Bituminous Asphalt Sealin g Specialists, because they were the only contraclor that had ever approached us about work ing here. Like I sa id, we shamed them into coming the first time , they always gave us a good job , we had a good relationship with them and we always gol a good produc t. We had 19 years of success with them . Over the years that they worked here , they also took lhe product that we designed ... two years Cherry Hills Village bid a project just like ours, they specified that emulsion, that aggregate , two years they bid it and two years BAS S was successful in getting their bid each year , but they • had the advantage of already being here because they were here doing our job , so they didn't have to remobilize . • Last year Greenwood Village look our spec ificatio ns ., .last year which is a little different spec ., .but they bid last year using thal same aggrr.gate and same emulsion we used and the low bidder was lntermounlain Resurfac ing out of Sall Lake City ... who came to town , bought the aggregale from Asphalt Pav ing , decided lhal the micro-surfacing was going to be too hard for them to lay, so lhey talked Groenwood Village into just doing slurry last year . Last year Arvada tc,ok our producl and lhey contracled on lhe side wilh Bitum inous Asphalt Sealing Specialists and they laid a project about half lhe size of ours in Arvada last year . So, olher people have followed our lead and done what we are ,1oing . Early lhis year , we had a request from a conlractor ... the base company is ir, Kansas and lhe paving part ol' II is in Arkansas ... thal they would like to bid our project. So we looked at ii and said why no!. II has been a long time and all , but a couple of th ings had happened to us . One : the emulsion supr,lier thal we used all those many years ... we were still gelling emulsion out of, it didn 't maller .. .from Jacksonville , they moved lhal operalion to Waco, Texas ... bul we were still importing asphalt all the way fro m Waco ... but they had hit a little bil of a hilch , because there had been a liltle problem in Venezuela and with overthrowing the government and they could1 't get that crude any longer. So they had sh ipped the crude oil s and we weren't as satisfied wllh the product as we had been previously ... and they had also shipped the products without telling us and we took exception to that. So last year , we found a smaller emulsion manufaclurer in Port Allen , Lou isiana that had access lo a rea lly gooc crude oil. They had a good slate . They buy from Marathon and we know that ii has got a heavy and a light Arab crude in it. It has also got some Maya which a lot of people don't like because it comes from Mexico , but there Is really nothing wrong wilh II . But we had a smaller, family owned operalion that was willing to take their emulsion and modify lhe !r emuls ion for our small project. Most of the big guys ... they manufacture emuls ion 50 ,000 ga,tons at a time and what they wanl to do then , they want everybody to have a mixe~ design lhat fits what they have alrearly got on the shelf, as opposed to com ing up with something that really works fo r us . But we worked with those fol ks last year. Th et spent a lot of money on mixed design. We came up with a mix that we thought we liked . Last year we ship pea 28 tons of aggregate down to Arkansas ... a little place called Lake Village ... because BASS was working there . Wa had the fellow from Port Allen brought us up an emulsion from his operation . We also had a lo•d of emulsion brought over from Waco, Texas so that we could lay a test sect ion and compare Iha hvo . We fell , by far , lhat Iha product frorn Lou isiana was superior to what we had been gelling from Waco . So, last. ye a' we went ahead and we used \hat product in ou r micro last year. We had probl ems last year when we first star1od , becau se !here Is an additive that you use In this product that retards the break time ... ~ gives you more time to work I1...and lhey were using a producl , lhey were us ing aluminum sulfate and what heppered when we first slarted .. .if they put enough retarder , enough aluminum selfa\o into the product ,o make it workable, then ii starts • • • E.nglewood City Council Auguat 21, 2006 P1ge7 turning brown instead of being black . There was nothing wrong with it from a functional utandpolnt, but we had always felt pride in the fact that the micro was black . So BASS stayed with it last ye,,r and we were working on Broadway last year, really tough conditions, we had anticipated we would be able io do five blocks a day ... for us to no out on Broadway and deal with 40,000 cars a day and work through downtown !:'ng lewood and not dlsrur,1 all the businesses on Broadway ... we were able to do two blocks a day . So what that meant was Iha contractor coald start so:ilh bound ... we had a real system ... start sr ,th bound al 7:30 in the morning and they had lo be off of Broadw,1y ... lhey had to be done ... by 2 In the afte, ,,on so we could open ii up to PM traffic and so they were getting ~,all days. Last year our contractor never com~iained once , he just did what he had to do . But w~ wrestled with tho product , to get it black lhey had to use very little additive , which m0 ans they didn 't have much time for hand work . I am not perfectly thr ill ed with the texture we got on the surface , but the product is durable . If you have been out there, you can see that lhe ruts are holding . It is doing everything it is supposed lo do, but I wasn'l lhrilled wilh the textur ,. So , this year in light of the fact that it had been requested that we bid, I brought in a consultant. .. an expert in the industry that has worked with us In ISSA since 1991. We rewrote our specs so tha t they would be biddable . We turned around and hired a lab ... Veslal Lab in New York stale to do the mix design for us . We came up with a different add itive , in fact , it is interest ing , the additive that we ended up us ing in this mix is an additive that Ben Benedict des igned for us in 1991 . The additive is real effective. We like the mix design . We sent a truck load of acgregate down to Port Allen , Louisiana ... actually a little town about 40 miles west of there . I hired llASS because they were on a project down there to go over and lay a truck load for us . I sent Del Montgomery , from the Street Department , down there to witness it. We tap ed it and we believe that wd have, again , developed a superior product that will work on our Englewood streets . We went to bid th is year . We invited five conlraclors that I fell were quaUfied to do this work . I included the fellow from BASS who is now Broada way Holdings ... included him because of our man y years of experie nce with him . The other four contractors were selected out or the ISSA reg ister . I ha ve knowledge of three of th e four ... have had many year s knowledge. One was lnt ermounta in out of Sall Lake . I invited Ballou out of Kansas . I in vited Vance who is localed ir1 Kansas, but their pa ving operation is in Arkansas and I invited a contractor that I have heard a lot about over lhe ye ars , out of Arizona . So , I invited five qualified contractors, we got a pre-bid co nference, which was mandatory and thre e showe~ up ... that would be Vance and BASS and Broadaway Holdings . There were a lot of question s Instantly two or those folks took exception to the fact that we were specing our own mix and they fe lt t1<e the y cou ld better te ll us what we wanted for our streets and bett er tell us what our construction schedule sh oul d be The re were some issues about the product be ing proprieta ry. The emu lsion mi x from Lou isiana is prop ri etary . That fellow owns that des ign on how he manufactures that emuls ion. My guys had understood ... they were th in ,1119 the whole mix design was proprie tar y, so in the specificati on they hadn't give n the mi x design . So we pul that in an addendum and we sent out a two page addendum . Two of the contractors acknowledged the addendum ... thal would be Broadaway Hold ings and Ballou . The third contractor woul d not acknowledge the addendum, so we sent out a second addendum in written fonm and again we only had response from those two ... the third contractor did not even respond to the written addendum . '>o, we had a bid opening and Broadaway Holdings was the low bidder . Thal In formation Is here . l i,ere is a spread ~heel. Ballou also bid ... they were about 16% higher and conditioned their bid . They were happy lo c1,;:-:9 do the wor k, but they didn 't want to guarantee the ir work . T~e bid document from Vance was sent back to us with no bid . So , that Is what our bid process consisted of . I think we did a thorough job . I think we haven 't done anything different as far as spac ing quality product and schedules that best serves the City of Englewood ... lhe same th ing we ha ve done for 19 years . And so based on those things , we ask that you award that contract to Broadawa y Holdings . Mayor Wolosyn said before I open it up for que stioning ... there is a letter included in our packet from Vance Brothers and going through it , you've actually answered the one question that I really have a hard time with when ii said that "we require that the emulsified aspha;t be purchased from a producer in South Lou isiana· and goes on to say "there Is a plan\ within 30 miles of Engl ew•,cd that Is capable of supplying this product ." However, I am hearing you say that , that is really not the case ... that it is a proprietary formula peculiar to this place in Louisiana and th is is what we have wo rked with and it Is part of what we want. .. this product laid on our slree ts . Director Kehm said if we knew of an emulsion manufacturer that had a pro ven des ign that would work with \h is aggregate that was 30 miles from here, we would be happy . Our experience has been ... l can only assume he is referring to Koch Asphalt and Koch , a few years ago, was merged with somebody else that has a name \hat starts with S involved in It . The history with Koch was that when we started out , It wouldn 't work . Not loo many years after we started doing this work and we were using BASS and using Ergon emulsion, lhe fellow that was selling for Koch in \h is area happened to be a good fr iend of Jake Broadaway and said he could produce an emulsion for us Englewood City Council August 21, 2006 P1ge8 that would be cheape r and ii would ho clos er. And so we sa id fine , so he took the product , he took the Asphalt Paving Co inpany aggregate and c;,me back months later and said It won't work . We can't make it work . So we said fine . I want to say it has been ten years ago probably, but Koch carne to us and said we can do this , we can ma ke this and so we said fine . So they spent a lot of time in the lab ... keep In mind that th is testing costs ... to go through a full test and come up with a mix design , is probably about $10,000 .00 . So they went to the trouble to do that , and they came back and said ii works and here are the test results and whatever . So , we set out that particular year and we bo ught 5,000 gallons of Koch emuls ion .. .i ntending to use It. When we got in field cond itions , as opposed to nice controlled lab conditions ... in field conditions ... we started and I can still remember that we were dowa on Decatur, south of Union , and as the temperature came up in the morn ing ... they started laying it about 6:30 ano ~t 7:JO the temperatu re came up a little bit...lh is was In May ... and It would no longer lay . The chem istry wasn 't right. So , that is the experience that I have had with that emuls ion . Later that year , the same contractor ... end I'm not trying to slam them ... becaus~ that is prior to the people that are at Vance now ... but Vance took that trucker, that tanker of emulsion and they inv ited 50 State eng ineers to a test to demonstrate how th is stuff works , on 1-70, just l!P the hill from 470 . And after ii wouldn't work and we had fa iled in the field and they brought 50 engineers in a;,J showed them that they couldn't lay it either ... so , that is what I know . Over the years, for awh ile, Cob ilco Emuls ions, which is up at about SB'" and 1-25, had a license from Ergon and they manufactured our emuls ion for thre,, years up at Commerce City, we used it . It sounds like we are bringing emulsion ac ,oss the country, you 'v e got t,l remember the stuff has to get here In whatever form . The only difference is, is that we are moving water , ins te ad of lust pure asphalt , from a fre ight standpoin t.. so ii is a little more costly . We would love it if there was r~ally an emulsion that would work . The lett er states tnat there is all th is stuff that has been don e using that emulsion up and down the front range ... probably with slurry product. We started using that gray granite way back in 1987 and I thin k everybody that does slurries , throughout the metro area , still uses that gray granite because that is the best rock around . There are other peo~le ... Cobi lco ... there are several people that can manufacture emulsion that works with the slurry product , bu t not with micro-surfacing . We will always be look ing for tha t. We always hcped th at there would be a market developed for micro here , but what yo u reall y need is the State ... becaus e other states use th is on the interstates and everything else ... use micro-surfacing ... but every opportun ity that came along to develop market here, my op inion is , that the contractor shot themselves in tho foot fighting over it every lime aed managed to not mako It happen . Wayne and I went down years ago, when the State did a test section down at P•.•eblo on 1-25 and the contractor brought in a substandard aggregate and we were down there a few days after ti;oy started and it was already failing , And I was down there three months later and it was gone . The cheapest product is not necessarily the best product, when ii comes to micro system s. Mayor Wolosyn sa id I am right I · 1y understanding that this emuls ion, th is surfac e that works for us , reall y can onl y be obtained from l.:iuis ,ana? Mr . Kahm sa id that is the source that I am aware of. Ms . Wolosyn said you know it, the way I look at \his is that this Is an expansive investment that we do every year and ii is good to have as man y problems solve d as we can , going in . I thin k that to locate the person who does the righ t surfac ing is the way to min imize the cost to everyone . Mr . Kahm sa id like I said , I don 't know of a local source . I know th is, that when I first talked to Vance ... when they approached us ... and they've got a plant in Kansas City and ini ti ally his statement to me was ... weii you know you are going to have to Import an emulsion from out of State no matter what you do . So, I don 't know where the comment comes as far as a source being here . Mayor Wolosyn said ii mea ns that they didn 't apply, also . Does an ybody el se ha ve any qu estions? Council Member Barrentine said they make some accusations here on how much difference they bel ieve that the pr ice would be ... anywhere from $55 .00 to $110 .00 less per ton . You know , I have a huge amoun t of respect for you and your Department , I think that that's mirrored In the asset that we have been given under the new governmental accounting of what our streets really ere valued ... as an asset to the City. Before , that was a requirement and being Included and we have paid attention to that and you have done a beautiful job . I am not questioning that you would prefer to use this material, but I have a couple of the questions they brought up, I th ;nk I would like some answers to ., .In that some of the examples thal you brought up are , you know , ten years old . We have been do ing \h is for 18 years ... 17 years you sa id ... so I know that there were some unsuccessful attempts lo • • try and use some other materials, but still , If It's ten years ago , It's ten years ago . If we have In place, right now , the • opportun ity for other peop le to adequately as s ss what It Is we are looking for so that they can come up with a competing product , If they hav~ It. The accusa ti on that they make In number 6 Is that they weren't allowed the laboratory deslgn ... the full amount of that or access to the testing . I bel ieve that Is another number, and If you could address that...I th ink thal Is number 3 and number 6. • • • E/lglewood City Council August 21, 2006 Pege9 Mr. Kahm sa id yes , if I could . Number 6 ... when we put out the addendum right after the pre-bid meetlng ... they were provided with the mix design . Ms. Barrentine said I'm sorry ... ! don't want to leave that vague out there . On number 6 lhe lr question is .. ."lhal the PWD has procured a mix of design from a certified laboratory, however, they have failed to supply the potential bidders with the results of the entire mix design ." Number 3 ... they brought up .. ."the PWD has directed contractors to use specific suppliers but requires the contractors lo be held financially responsible for any and all testing that the engineer , may, at his discret ion, require and that these tests can be expens ive ." Mr . Kahm sa id in the addendum that was sent to them ... the one that they would not acknowledge ... we specifically pointed out in the addendum ... the sect ion they ,re referring to , is who was the buyer that had to pay for the lesting ... and the addendum absolutely said the Cit " would pay for the tes ting. So, that was a non-issue that had been answered in the addend um. On number 6 ... ,he mixed design was st1nl out 'n the addendum pertaining to 3.1 request for mixing . II says ·our mix design is emulsion 13%, water 7 to 9%, cerr-anl .25%, K-3 additive .04 to 10%. We also let them know that the additive , when we did our test section, we are putiing additive in ii at .04 to .10% ... that is not very much . And so , based on the information we got from Vestal Lab, we cut that addit ive and we went with one part of 25% of additive and 75% water ... and cut it to make it more fluid and easier to measure . We knew that from our field work and so V.d even provided that in the addendum . Ms . Barrentine said it Is unfortunate that they didn 't acknowledge the addendum . Al any time did they try to give you another product that they thought was ... ? Mr . Kahm said sure , but if I could , in number 8 he starts a sentence "in the addendum ii stales" so he wou ldn 't acknowledge the addendum ... lwice ... bul he admits in number 8 that he rece ived the addendum . He sa id so those other questions he asked had been answered in the addendum and he asked them aga in anyway . Ms . Barrentine sa id did they , at anyt ime . try to supply what they bel ieved to be a comparable product ? Mr . Kahm said no . Ms . Barrentine said okay . Mr . Kahm said in fact , I was curious because I don 't know of anyone that ha s done any micro -surfacing in the metropo litan area , other than us and other than the folks that ha ve used what we are using and the contractor that we have used for years . I was cur ious ... ! called Asphalt Pa ving and they said that they could assure me that Vance has not bought a pound of their aggregate in the last six or seven years . Ms . Barrentine sa id so they didn 't say , we th ink that we've got a product that is sim ilar to this and we wouldn 't lake a look at it? She said in that case , I think ii was a little irresponsible of them to put dollar figures to what they th ink ii would be , when they didn't supply a bid, but that is just my opinion . Mr . Kahm sa id but they didn 't and as far as the talk about what we paid last year versus what It should have cost, I want to po int out that the third bidder ... lhe one that did give us a number ... is Ballou Construction and they have been in the business every bit as long es Vance . And Ballou gave us a number , they just didn't want to be respons ible for it. But if you will note ... that is an !SSA contract ... look what the ir number is . Th is is expensive sluff. We are not pulling the cheapes t stuff on the streets that you can buy , but we are also gelling the results . I do n't know of a metropolitan city that hasn 't had a failure with micro or slurring in the last ten years . Ms . Barrentine said thanks for answering those questions . I apprec iate it. Mr . Kahm sa id sum . Mayor Wolosyn sa id I have a question just for clarific ation . Whene ver they don 't wan t lo guarantee the produ ct. .. ! mean , we are telling them they buy the product from the place in Louisiana , so is ii the applic~lion of the product that we want them to guarantee? Mr. Kahm sa id yes . we said we will guarantee the quality of the products .. we test th em, we ha ve confidence in them . The ISSA , ~gai n. is an industry group, and in the early days wher. we met them, they controlled micros and slurries , becaus e they had all the technology ... no one else had II. Ands,, they got accustomed ... part of their Job was go ing to somebody that. . .l ike us In 1986, when we didn't know anythlng ... and telling us wh,t we needed and we believed tt,am . And , we only did that one lime and we learned that wasn 't the best route . I have continued my $100 .00 a year governmental membership , because It gives me access to all their technology . But the fact is , every year when I look at the ir membersh ip it Is dwindl ing, becaus e th is Is all out In the public domain . This stuff Is being taught in college now . They don't control It and they don 't own It any more. And so , that Is someth ing they are struggling with . T~e fellows that really brought all of th is together Just aren 't gelling as much of the action as they would like to be gelling , so ... l can understand that too . Englewood City Council August 21, 2006 Page 10 Mayor Wolosyn said I socond Laurett In thanking you for helping us understand this . Mr . Kahm said and I will always continue to look for other sources end if we can find one, we will gladly buy the product here . But , even if we are buying product here, you will probably always see us try to control the system Itself, because we don't want to ba In that 1,920 ,000 group of failures again . Mr . Kahm said unless we are directed otherwise, we will continue to be supportive of downtown and Broadway businesses by minimizing the Impact of th is work on those businesses and on the traveling public . I think that is our ref ponslbllity. Council Member Woodward said I think that Is really important and that is something , I think , In an off way that they are trying to address in Item number 7 here ... is how productivity is held to a min imum . W,,11 yes, It ls held to a minimum, but we are providing for the citizens of not only this City but everybody that is moving to the north and to the sout ;,. Mr. Kahm said last year we did Broadway all the way from Yale full width to Hampden and then filled ruts all the way down to Quincy. We went through that and by only working those hali days , techn ically, we were actually on Broadway 17 or 18 days ... and during that time, I had one complaint from one business and I had two complaints from the motoring public . So , if we are trying to take care of the citizens and the taxpayers out there , I think we are doing a good job . Mayor Wolosyn asked if there were any olher questions . Council Member Woodward said I have some questions . You know , Rick , I was out there and watching some of the applications and have been watching this over the past year and I am really impressed with the end product. I'll say it isn 't very pretty , but it is really effective in one year periods . Just to clarify, you say the lull width between Hi ghway 285 and Grand Avenue will be covered ... does that mean that we are covering from what we covered last year , from 285 down to Quincy , with the ruts ... now we are going from gutter to gutter there? Mr. Kahm said we will go gutter to gutter where we filled the ruts at the north end of that section and when we get down to the area where we will be doing the median project , we will only pull the ruts, so that the med ian project next year won't affect that pavement. Mr . Woodward said okay , so that area between Quincy and Hampden ... that will actually improve the look . Mr . Ka hm said it will improve th e look and this year's project with this additive and with what we saw in the test section , will give us a much better looking project as well. The durability will be there, but it will also be aesthetically more pleasing . Mr . Woodward said okay . Mr. Woodward sa id my last question . Broadway Holdings, LLC ... are they a local firm ? I am just curious as lo how they come up with Broadway Holdings and It happens lo be the work they are doing on Broadway . Mr. Kahm said there is an extra 'a' in there ... 1I is actually Broadaway and th is is James Broadaway who has owned BASS and as he is getting older, he has moved things around and every1hing is now part of his holdings company . Mr . Woodward said very good , I didn't see that , I'm sorry . Mr . Kahm said he still does business as BASS . Mayor Wo losyn asked if there were any other questions . Council Member Oakley said I would like to state that the proof of this product, we see e·,ery day on our streets . We started our reconstruction projects in 1956 with a 20 year life expectancy and to data none of these streets have had to be reconstructed ... so you can do the math . This was no accident. This wls started by Kells Waggoner . The maintenance surfacing that we had available at that tlme ... whlch was just a chip seal ... but never the less It was something to extend the life and when we saw that we needed to go to something more serious than that , we went to slurry seal and then to micro-surfacing . The proof Is there . The product is there . We pay a little bit more for It, but It Is a quality product . II is tried and true. And for a contractor to coma In hare and try to force us, or convince us , that we are wrong ... that upsets me . That Is all I've got to say about it. Mayor Wolosyn asked If there was any more discussion . There was none . • • COUNCIL MEMBER WOODWARD MOVED , AND !TWAS SECONDED, TO APPROVE AGENDA ITEM 11 (c/ (II. • AWARD THE CONTRACT FOR THE 2006 MICRO-SURFACING PROGRAM TO BROADAWAY HOLDINGS LLC, IN THE AMOUNT OF $297,960.00. • • • E[tglewood City Council Augu1t 21, 2008 Page 11 Mayor Wolosyn asked if there was any more discussion. There was none . Vote reaulta: Ayes: Nays : Absent: Motion carried . Council Members Barrentine , Mccaslin, Wolosyn , Woodward, Tomasso, Oakley None Council Member Moore Mayor Wolosyn said thank you Rick , very much . 12 . General Ol1cu11lon (a) Mayor's Choice (i) Mayor Wolosyn sa id there has been a reque~t for a liaison to the BID . The liaison would act like any Council liaison ... attend the meetings and help Council to understand and keep Council very informed of what the BID is do ing. And I know Mr . Woodward has suggested that he would like to do this . So, if ther e are no objections ... Council Member Barrentine said actually I am very interested in tak ing that position . I had a lot of concerns about the BID. t think it shou ld be somebody who is not presently involved with the Chamber or wit h the ACE Committee . I've worked a great deal with the businesses in do ing the Englewood Days and these would be along the lines that they would be wanting to use some of the BID mon ie s for ... so I am interested in tak ing this position . Mayor Wolosyn said Jim Isn't on the Chamber and he isn't on ACE . Counc il Member Woodward said I have been attending the ACE me etings ... Council Member Barrentine sa id I have been pretty involved in do ing some of the BID stuff .. working on th is with the committee and I am very interested in tak ing that pos itio n. Council Member Tomasso said I would be interested in that also , since I have worked with Old Town Englewood for se veral years now and with several of the ir Car Shows and helped them with tha t. I attended a lot of those meetings . And I have also helped with the BID and I was very supportive of them obtaining the BID . Counc il Member Woodward said I would like to withdraw in favor of Ray be in g appointed to that position . Counc il Member Barrentine said my only concern would be that I have no dog in this fight. I am not a business owner in this community and I really belie ve that I could do a better job of representing Council and the citizens on there . I have no personal interest. .. because I have no business in the area . My objectivity was brought to the forefront, from the beg inn ing , with my con ce rns about how the BID would be formed and our involvement in there and I think I have both sides';. ,terests at heart without having my own agenda involved . Mayor Wolosyn sa id is the BID just like any other commiss ior, or publ ic meeting that anybody can attend? City Attorney Brotzman said correct. Ms. Wolosyn sa id do we have to have a liaison? It said we may . Attorne y Brotzman said it does say may . Mayor Wolosyn sa id could we have two or could we say that for the next , or through the election we are going to hold off and have people go to th e public meetin~s and report back or ... ? City Attorney Brotzman sa id any of the above . Mayor Wolosyn sai d then we can have two? Mr. Brotzman said sure . Ms . Wolosyn said then I think I am go ing ahead and let's have two . It will give us a broad representation ... Mr . Tomasso and Ms . Barrentine . Ms . Wolosyn said I think that will give us a broad representation and view point when we hear back from both of you , as I hope we will ... it's going to be an Intense few months . Englewood City Council Au11u1t21, 2008 P111112 Council PlamberWoodward said I just want to make one comment that onca ... if and when the BID is approved by the buslne11es and land owners and goes Into affect, I th ink It is Important for those businesses to understand and have the one ex officio mambar from Council . I know in the past there has been some bad blood, so to speak, and I just think II ls Important that we have one member there representing us and only one member. That Is all I wanted to say . Mayor Wolosyn said I will lake thal inlo consideration . Thank you . (ii) Mayor Wolosyn said next Saturday is both Funfest and tt,e SK . Both of these things have participants from three of our Boards and Commissions . The SK is sponsored by Keep Englewood Beautiful . I hope people get out and support it. And the Funfest ... the Parks and Recreation Commission and the Arts Commission take part in that. (b) Council Members' Choice (i) Council Member Barrentine : 1. She said I wanted to thank Doug Cohn for bringing the information on Englewood Days and I am very impressed by the amount of support ... all along, up and down Broadway ... Sheridan and some Littleto n businesses and a lot of support in the community for this event. .. and a lot of support from Public Works , Chris Olson and Safety Services as well, and the Community Development Department. When we have that kind of collaboration , ii is just fantastic , so I just wanted to say thanks . 2. She said I also wanted to say thanks to Vance Brothers . Because of their letter, I probably learned a lot • more about slurry and micro-surfacing than I would have ever thought. However, one th ing th at I have always been. impressed with is that our Departments are never afraid to answer questions and I think it is wonderful that they brought the questions forward , regardless of their agenda . All the departments in E11glewood ha ve always been willing to step forward and answer the ha rd questio ns that gel brought forth . And I think that that needs to happen and that availability is important. I appreciated the information, but I appreciate that they brought th e questions forward loo. So , thank you i~r all your hard work in pullin g that together. II is appreciated . (ii) Council Memter Mccaslin: 1. He sa id I would like to thank Joe Sack , his staff and some City employees for the pic nic that was held last week at the Malley Center for the volunteers . II was great . We had a pretty good turnout and it was fun to seo that people are enjoying the Malley Center and we are helping the seniors of Englewood . 2. He sa id the other one I would like to thank is Dan Brotzman , Sam Watson and Jim Woodward for help ing to clear up some issues related to the cleaning up and maintaining abandoned and foreclosed properties in Englewood . I think it is very important. The last couple of weeks some issues were brought up as far as what we should do and I think !hey helped clear up some things . So thanks very much . (iii) Council Member Oakley: 1. He said I too attended the Malley Center function and I was glad to be there . 2 . Ho said also I would like to commend Rick 011 the presentation he gave ton ight. This letter made it necessary. II took a little lime and I th ink you will appreciate Rick's knowledge in this area when you notice that he used no notes . He kn ows his stuff. Thanks Rick . (Iv) Council Member Tomasso said one Issue that I brought up last year at the Car Show ... is • the City go ing out and marketing Itself during the Car Show, since we have all these vis itors in town? Basically, we have a lot of car oriented buslnesses ... be they pa int shops , restoration shops , parts shops ... and this is a perfect time. We have all these visitors coming into town, it is a perfect lime to go out and market the town , show what we have to offer and how friendly the town really is. I th ink it Is an opportunity that the City should take advantage of. • EJIIIIIWood City Council Augu1t 21, 2008 P1ge13 (v) Council Member Woodward : 1. He aeld a number of ua altended the opening end dedication of the ofl-leeah park ... Englewood Canine Corral. I th ink ii was a real succe11 . I understand that in the first week It was vandalized a couple of limes, which was really dlsappoli ,;Ing . Having gone down there, kind of policed It myself end watched what Is going on down there, it Is fascinating . It 11 still fascinating to me to su tha number of people end the number of dogs and how these dogs react. .. it Is really something. And I think It Is a very successful dog park . And Dave Lee, thank you and Jerrell Black and Parks and Recreation. 2. He said I also wanted to mention Funfest is com ing up this Saturday al 10 o'cl ock , al Belleview Park . And the KEB 5K ... we are still looking for plenty of registrations . I just wanted to mention that dogs on-leash are welcome, as they were last year and wa had some In there , mothers and fathers with strollers and children and walkers, so please come and have a good lime . Thank you . 13 . City M1n1gar'1 R1port (a) City Manager Sears said we received word late tonight about a School/City Commiltee meeting tomorrow night. I know we have been trying to put together dales for a long time . The meeting is tomorrow night al 4:30 . Ray and Jim will be there on behalf of the Council and staff will also altend . (b) City Manager Sears said a reminder again that next Monday night is the Boa rd and Commis si on Appreciation evenng and that Is going to be at Centennial Park at 6:00 p.m. So mark your calendar . We have a couple of nice things to hand out. • 14 . City Attorney's Report City Attorney Brotzman did not have any mailers lo br ing before Council. 15. Adjournment •