HomeMy WebLinkAbout1993 Resolution No. 039•
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RE SOLUTION NO.Ji_
S ERIES OF 1993
A RESOLUTIO N AL LO WING FOR A N EGOTIATED CONTRACT FOR THE
MICROSURFACING PROGRAM 1993 INSTEAD OF THE COMPETITIVE BID PROCES
UN DER SECTION 11 6 (b l OF THE HOME RULE CHARTER AND THE ENGLEWOOD
MUN ICIPAi , CODE 1985, SECTION 4·1-3, AND AWARDING A NEGOTIATED
CONT RACT FOR THIS PROGRAM FOR MAINTENANCE OF THE ENGLEWOOD
STREET SYSTEM .
WHEREAS, the Ci ty of Engl ewood is .-espon•ibl e for main en an ce of approximately 120
miles of public r oa dway s in th e City; and
WHEREAS, the Department of Publ ic Works and Engi nee ring and Stree t Mai ntenance
Divisi ons ha ve deve loped a sys tem-wide ma inte nanc e program in which they have found
Microsurfaci ng to be a viabl e, eco nomic pre ve ntiv e maintenance alternative; an d
WHEREAS, pr evi ous construction ex peri e nce and ex pand ed prod uct knowl edge ha s
caused the staff of this De partment to believe th at loca l contractors do not pusses • the
spP.cific product kn ow ledge or const ruction experti se to con struct. Mic ro surfacing
acceptable Ci ty standards; and;
WH EREAS , staff of the Publi c WorkJ Department h as evaluated th e abil:ties of the
quality of Micr os urfaci ng util izi n g a specific local aggregate and a qu ic k -set ERGO N
emulsio n now milled locally under a lice ns e a~eement wi th GRGON ; and
WHEREAS , Bitum in ou s Asphalt S ealing Speciolists , Inc. of North Li ttl e Rock ,
Ark ansas, has laboratory -tested and fie ld-tested this product, and City staff has evalu•ted
th e abilities of thi s co mp any in placing Micro surfaci ng, and has dis ~ussed th ei r worl :
quality and prod uct quality with other governm en tal agencies whirn have had years of
ex perience with this co mp any: an d
WHEREAS, Section 116 (b ) of the Englewood Home Rule Charter and Section 4-1·3·1,
Englewood Municip al Code 1985, allow contracts for public works or improvement& to be
negoti ated , provi ded th at contracts for which no comp etitiv e bids have be en requ es ted h ave
been app rovt>d by reso luti on which shall decl are the reason for ex cep tion to the cu mpetitive
bidding requ irement;
NO W, THEREFORE , BE IT RESOLVED BY THE CITY COUN CIL OF THE CITY OF
ENGLEWOOD , CO LORADO, THAT :
~-Yn e Dep a rtme nt of Public Wor ks is hereby authorized to negotiate a contract
fo r Microsurfacing Program 1993 in an amount not to exceed $315,000 in lieu of the
competitive b id process as all owed by Sec tion 116 (b) of the Engl ewood Home Rule Ch arter
an d Sec t ion 4-1-3-J, Englewoo d Mun icipal Code 1985 .
PROPOSED 1993 MICROSURFACING • AVDIJSS
BATES ROIi LOGAJf TO CI.ARJ:SON
CJIENANGO PROII DSLA'IIAU TO IIIJJlON
FLOYD ROIi LOQAJf TO lllnVDSITY
EASTJIAN PROK DOW1IIlfG TO IACB
STANl'ORil ROIi BROJDWAY TO GALAPAGO
TDl"TS PROK l!JlQ;\J:>WAY TO IIIJJlON
STRXETS
ACOMA FROII TIJFTS TO LAYTON
!WaOCJ: ROIi STAJIPORil TO TUFTS
BAHNOCJ: PROK DAJlTKOtJTB TO :USTKA,N
C!DmODr !'ROIi YALE TO AJIIIBRST
CHEROJr; ROIi DAJlTXOtJTB TO FLOYD
CHERODE Jl1t(JI( STARJ'ORD TO Qt1Ilfc:Y
CLAJUtSON RCK HWY. 285 TO BKLLSVU'W
l>i..ATI l'JtlJlf CJIDUGO TO BKLLKVIlnf
~TI no:. DI.K TO BADS
ELATI FROII DARTIIOOTII TO FLOYD
FOX ROIi n.on> TO llWITIIA!f • FOX PROK Dll'Dl0UTII TO JWl'DWI
FR.Ur.a.IN PROII Dll'l'IIO!JTII TO ~T
GR.ART ROIi JCElff'Olf TO DlrSFIBLD
l!O'RON PRCII Qt1Dlc:Y TO PllDICBTO!I'
llLAJ!ATII ROil TOl'TS TO STAJIPORil
LINCOLN PRCII STMFORil TO CIIDANGO
LINCOLN PROK D!rSFIKLD TO IIASSA'O'
LIPAN PROK lCKNY01' TO LDIGJI
PEAltL FROII CB:mQBGO TO GJWm
PENNS YLVANIA ROIi CHEHANGO TO LAYTON
SDRl!AN FROM HWY.285 TO DNSFIKLD
SDRKAN ROIi Q'O'INCY TO PRINCETON
SBEm!AN PROK mn:ON TO RADCLIFF
WASHINGTON ROIi Q'O'INCY TO O:UORil
Re v ised 4/7/9 3
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&J:l.i.liD...2 , The De partment of Publi c Works is hereby authorized to prepare a contract for
th e Microsurfacing Program 1993 pursuant to their in vestigation s of local aggr egate1
quick -set emul sion produced by the ERGON Refinery in Vicksburg, Mississi ppi , and
co nstruction of the product on Englewood streets by Bituminous As phalt Sealing
Special is ts, Inc ., of North Little Rock, Arkan aas.
ADOPTED AND APPROVED this 19th day of April , 1993 .
AT T EST
uz ,;,,:u ✓✓ C111-u/
Patricia H. Crow, City Cl erk
I, Patricia H. Crow, City Clerk for ~City of Englewood , Colorado , hereby certify the
ab ove is a true copy of Reso lution N"'7' Series of 1993.
~~utl/Lr
Patricia H. Crow
2
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CITY OF ENGLEWOOD, COLORADO
THIS CONTiliCT and a.c;=eem.uit, made and entered into this ll-'b day of AQri.L
llll by a..11d bet·•een t h e C:::y o f Er:.g!.ewood , a municipal corporat ion of t he
State of Colorado h e reinaf::·H · refe::red to as the "C ity", party of the first
part, am: 3' t um" ?"'CUS A,spl-,a l ; Seal i -.,c Soecial;sts Inc ., herei.!la.fter referred
t o as t he "Coct rac:~r •, par::, of the second par:. WITNESS~TH , commenci:ig on
the ____ N/l< ____ day cf __ N/l< __ • 19_, and cont i nu.i.:lg for at
least ten {1 0 ) day s t~e:-eafter t he City ad·1er:ised that sealed proposals ...,ould
be received. for furnishing a_l labor , t ools , supplies, equipme.:::, mater i a l s
and e v erythL'lg neces s ary and required for the f ollowing :
PROJECT : MICROSURFACING 1993
WHERE.AS , proposals pursuant to ea.i d advertisement have been received by the
Mayor a.nd City council and hav e been certi fied by the City Engineer to the
Ma yor &nd City Council with a r ecommen dation that a con tru ct for said work be
awarded t o the above named Contractor who tl'a s the lowest reli&ble and
responsibl e b idder there fore, and
WHEREAS, pursua."lt to said recomrn e n dat j on the ".:=:.:.ra:~ ::.as been awar r\ed t o the
above nam ed Contractor by the Mayor ar.d City Council and said Contractor is
now willing and able to perform all cf said work in accordance with sa id
advertisement and his proposal.
NOW THEREFOR E , in consideration of the c ompensation to be pa id the Contract,
the mutua l a greements hereinaf ter contained are sub ject t he terms hereinafter
stated:
A. COOt ... act Documents : It is agreed by the parti es h ereto that t h e
following list of instruments , d rawings and documents which are
attached hereto , bound herewith or incorporated herein by reference
c onstitute and shall be referred to 'e itht.r a & the Contract Documents
or the Contract and all of said instruments, drawi ngs , and documents
tak en together as a whole c onstitute the Cont r act b eti,,,een the parties
he::-eto and t h e y are as fully as part of this agreement as if they were
set out v erbatim and in f ull here in:
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Ad·,ertisement o f Notice for Proposals
Proposal
Co nt:-act (this instrument)
Pe:-!o:mance Payment Mai:1tenance Elond
Receipt , Re l ea,r~, Waiver of Cl aims
Specia l Provisions
Ge:i.eral Conditions
De:ailed Specifications
Pla.."ls and Orawlngs
B. Scope Q& WoY"k: The Contractt":.C agrees to and sha l~ furnish a ll labor .
teals , supplies, equipment, materia-s and e verything necessary for a.nd.
required :o do , per!o:m and complete a ll tte work descr;.bed , dra·..in ,
set f o r::l , show:i and i:icluded in sa1d Contract Ooc'.!me!lts .
C. Terms 9.s-P• ... !ormar.ce : The Con .. ract.or agrees to undertake t he
perfor:na.:1ce of t he work under this Contract within cen (10) days trom
being notified to ccrr.mence work b y the Director of Public Works a nc.i
agrees to ful ly comp l ete s1.:0d work within t"entv·one (ll) cal endar
days from thf.! date of said notice, plus such extens ion or < xtensior.s
of t ime as may be grant ed by the Director o f Public Works in
accor da.cce w1th the provisions of the General Conditions .
D .
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Terms 941' Pavme 11'": The City agrees to pay the Contractor for the
pe:-formance of al l t h e work required under this contract , and t he
Contractor agrees t o accept as his full and only compensation
therefore, such sum or sums of money as may be proper in accordance
with t h e price or prices set forth i n the Contractor's Pr-oposal hereto
attad:ed and made a part hereof , t he total estimated coat thereof
being t ~ree-hund-ed fiftee'"l•thousand and no/100 dollars (ill.L..Q..Q.Q.).
Contr•c; B" ndina : It is agreed that t bis Contract shall be binding on
and insure to t h e be.nefit of t he parties hereto, the ir heirs ,
executors, adminis t ra tors , ass igns, and s uccessors .
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IN WITNESS WHEREOF, t h e partiea hav e c auaed tbe ■e preaent ■ to be signed
perso•·~lly or by their duly authori zed officers or agents and the ir aeals
a ff i x ed a.nd duly at t est ed the day and year f ir ■t above written .
Thia Contract is executed in ~ c ounterpart ■.
CITY OF ENGLJ!l<OOD
by ~-----------Mayor
Party of the Fi rst Part
Ci ty Clerk Contractor
Approved as to form: by~--~~~-~----Party of the Second Par':
City Attorney
ATTEST :
Secretary
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COUNCIL COMMUNICATION
Date
April 19, 1993
lNfTIA n:o BY
Agenda lte"ll
11 b
Department of Public Works
Subject Resolution to Negotiate
and Award Contract
for 1993 Micr,,-surfacing
STAFF SOURCE Charles Esterly, Director of Public Works
ISSUE/ ACTION PROPOSED
Staff seeks Council approval of a Resolution allowing a negotiated contract (an exception to
the competitive bid process) and awarding a negotiated contract in an amount ,,, '. to ex ceed
5315,000 to Bituminous Asphalt Sealing Specialists, Inc . (BASS), of North Little Rock,
Arlu\I\Sas, for Englewood 's 1993 Micro-surfacing Program.
PREVIOUS COUNCIL ACTION
Resolution No. 52 , Series of 1992, and Resolution No. 38, Series of 1991, approving
n~otiating contracts and awarding negotiated contracts for the 1992 and 1991
Micro-surfacing Programs respectively .
BAC~GROUND
Since 1987, an average of $260,000 h as been all oc.1ted :\I\I\ually in the Public Improvement
Fund for contract street maintenance, primarily sll'1rry s~al and micro-surfacing . For the
past six years, the City has negotiatro with BASS, Inc ., o r Nort.1-i Little Rock, Arkansas, to
come to Englewood and construct our slurry and ·micro-suri~-ing ?rograms. BASS ha s now
placed a total of 890,000 square yards of our design products (approximately 360 blocks or
45 miles of roadway).
Bids for standard • . ...rry in the m£tro area for 1993, with local contractors and lower quality
components arc expected to be in the $0.85 to $0 .95 per square yard range . Fall 199'.t. !:.;de
for micro-surfacing by the Colorado Department of Transportation (COOT) yielded bids for
a product that we believe to be far inferior to our own in the $130 .00 to $140 .00 per ton
range . Typically our specified quality emulsion, aggregate, and application equipment tend
to push those costs upward $20 .00 to $30 .00 per ton .
Printed on Re cvcleo Piper -
!>TAFF ANALYSIS
Staff continues to monitor slurry seals and mic.ro-su•facing constructed in the metro area
during th.e previous si x construdion seasons. The workmanship of others, particularly with
micro-surfacing, appears to be of significantly lower quality than that continually pro\'ided
by BASS, Inc ., and far below a performance level ;•cceptable to the City of Englewood . For
\!!.\explained reasons, there remains much u,,::onsistenc.y in the typical mix designs utilized
wit h in the metro area . The 1992 p roducts of ;:,tl-ier user agencies appear again significantly
.iiffertnt than those specified in previous seasons. This leads us to continue to believe that
co1,tractors and /or user a gencies are still experimenting and are not totally satisfied with
earlier products . Most micro surfacing products placed by others during the 1992 season
generall y appear at thi s time to be achieving only marginally satisfactory results; many
areas of localized failure have been noted . Repxts by user agencies still suggest that 1992
_ lurries continu to have slow traffic ready times, ii' the 4 to 5 hour range . It is too early to
fairl y evaluate the 1992 micro-surfacing \.est sections by others .
Throughout o u r six yu r ex perience with "Englewood" slurry, micro-surfacing, and BASS ,
Inc .. ci tizen feedb a ck conti nues to q uestion our not including more streets in our annual
micro-s urfaci ng programs . Minimal inconvenience during construction (our I ,affi c ready
ti.:nes have remained under 2 hours1 and product quality appear to meet the expectations of
our ci ti zenry . Sta ff continues to be pleased with our product's performance. The extended
p aver,,ent longe vity from sl u rry and rni a ·o-surfacmg applications continues to look
promising .
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As you will recall , in 1991 Englewood took the product development initiative to move •
forward and address the mai ntenance needs of many of our more heavily utilized arterial,
,;ollector, and industrial streets . "Englewood '' :nicro-surfacing was introduced, a product
d r_-s igned lo address the maintenance needs of roadways subjected to excessive traffic
volumes resU! ti ng in pavement rutting and lanes requiring leveling treatment'.-1 addition lo
wearing CO\:rses and surface seal s .
"Engl ewood" micro-surfacing was designed , and has been constructed on selected arterials,
collectors, industrial and local serv ice streets by Bituminous Asphalt Sealing Speciali sts
(BASS ), Inc, in both our 1991 and 1992 micro-surfacing programs . As you will recall .
micro-s urfac ing requires highly s pecial ized cons truction equipment. From our last two
years experie1,ce, we know that continuous use of micro-surfacing eq uipment produces a
s uperior product compared to that applied with truck mounted type machines, similar to
those c.tilized in our earlier years slurry applications. Standard s!urry machines are not
capable of co nstructil"'3 micro-surfacing. However, continuous micro-surfacing equipment
can apply sta ndard ~.u-ry products. Although the number of continuous micro-surfacing
m achines contin ues to grow 11-irou ghout the country, none are owned or operated by
Colorado contract ors . BAf', Inc . owns a nd operates 2 of these machines . They continue to
be the onl y contractor availa ble in our area with d01lonstrated r.ucoessful ~pplications
utilizing the Ergon products and mix desi3ns that we have develoi:-ed , and that achieve our
desired res ults. We ha,·e confidence that this specialized contrac'tcr, with whom we h ave 6
years o f progressive successful experience , can accomplish our 1993 project to our
sa tis fa ct; ')n in a ti mely and cost effecti ve manner. BASS, Inc. is currently committed to •
,nulti -y ear contracts in Honduras , San Sal vador, and Nicaraguz However, the equipment
necessary to a cc omplish our 1993 project can be made available in t!:i e latter part of June.
•• Although our efforts in 1993 will be concentrating on local service and minor collector
streets, we believe that our micm-surfacing product is superior to previous years standard
slurry seal applications, allowing much more flexibility in use . The individual components
of our "Engl ewood " micro-surfaci:,g design are very similar to those in our earlier slurry
seal products. However, micro-su,-facing utilizes a polymer modified Ergon emulsion, more
chemically complex than our earlier siurry applications . Slurry seal is a single thickness
application product. Micro-surfacing has the capability of being applied in whatever
thickness is necessary to address our maintenance requirements. It can be utilized for rut
filling and leveling as well as for overall roadway sealing . In past years, chemical makeup
allowed for 17 second break times . Applications on collector an d arterial streets could be
opened to through traffic in 20 to 30 minutes, if necessary . Our design will con ti nue to
specify the quality gray granite aggrrgate from Asphalt Paving Company, Golden ,
C olorado. However, staff has recently worked w ith the ERGON materials laboratory in
Jackson , Mississippi , to "fine tune" our micro-s urfa cing emulsion formula . Hopefully, we
will be able to slightly retard the products breaktime and provide extra seconds for "'hand
work" arounr ·eet intersections .
FINANC ,L i.MPACT
S-l06 ,000 is a,·a il able in the Public Improvement Fund , Road and Bridge account for 1993 .
Preliminary com·ersations with BASS , In c. suggest a willingness to return to Engle\\'ood in
1993 and construct micro-surfa cing at a unit p:ice similar to that in our 1991 and 1992
contracts ($152 .18 per ton). The 1991 cortract ·.vas for $280,000 (approximately 160,000
square yards or 60 blocks). Funding for 1992 was limited to $260,000 for micro-s urfacing
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(approximately 185 ,000 squ,,re yards or 70 blocks). In 1992, with minor rut filling , surfacing
le\'eling and normal residential application rates, we had a prod uct yield that generated per
square ya rd costs of approximately $1.37. This cost remains in th e magnitude of -10"1, of the
cost of asph altic concrete overlay w hile still allowing us to co rrect many of the irregularities
within a structurally sound roadway surface.
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For 1993, we are recommending a contract with BASS , Inc . for approximately 20-1 ,000 s.:iuare
yard s of micro-s urfacing (80 blocks -approximately 10 mil es of Englewood streets). At a
unit price similar to that negotiated in both 1991 and 1992, thi s would result in a co ntract in
the $310,000 to S315 ,000 range . The balance of funding in the 1993 Road and Bridge PTF
acco unt will be utilized for asphaltic concrete overlays and associated maintenance program
administration, testing, and inspection .
Note : D ue to the varying application rates of micro-surfacin~, , .. ;th ever changing roadway
conditions, micro-surfacing 1s contracted by unit weight apphtc.i (tons).
OTHER
The attached li sts of streets and avenues proposed for inch.:sion in our 1993 overlay and
micro-surfacing programs are for your information . It is intenJeJ to be representative of
the proposed programs and is , of course, subject to your re view and comment. Since 1987,
we have addressed the maintenance needs of only 45 miles of our approximately 120 mil e
roadway system . The 1993 program will add only about 10 miles to that total.
Consequently, many deserving maintenance candidate--•is t within our street system. A
progressive slurry seal /micro-surfacing prog ram woul. address all of the streets within the
system over a se,·en year period, suggesting that the annual budget for this activity rem i\ins
at 45 % of id ea l funding level s.
PROPOSED 1993 MICROSURFACING
JSOO S.
City of Englewood
lou:i~s. .
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0 . Revised 4/7/9 3
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