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HomeMy WebLinkAbout1992 Resolution No. 052RESOLUTION NO . 5.__,;),_ SERIES OF 1992 A RESOLUTION ALLOWING FOR A NEGOT IATED CONT RACT FOR THE MICROSURFAC ING PROGRAM 199 2 INSTEAD OF THE COM PETIT IV E BID PROCESS UNDER SECT ION ll6 (b) OF THE HOME RULE CHARTER AND THE ENGLE WOOD MUNICIPAL CODE 1985, SECT ION 4-1 -3, AND AWARDING A NEGOT IATE D CONTRACT FOR T HI S PR.OGRAM FOR MAINTENANCE OF THE ENGLEWOOD STREET SYSTEM. WHEREAS , the City of E.nglewood is respons ibl e for ma in tenance of approximate ly 120 miles of public rondwoys in the City: and WHEREAS, the Deportment of Publ ic Work s and Engi neering a nd Street Maintenance Divisions hove developed o syste m-wide mai ntenance progr am in which th ey have ground Microsurfncing lo be a viable, eco nomi c pr eve nti ve ma int ena nce alternative; and WHEREAS , previous construction experience nnd expanded produ ct knowledge has ca used the staff of this Deportm ent t o beli eve that loco! contractors do not posse ss the specific produ ct knowledge or construction expertise to co nstru ct Microsurfocing acceptable to City standard s: and ; WHERE AS, staff of the Publi c Works Department ha s evaluated the abilities of the quality of Microsurfacing utilizing a specific local aggregate and a quick -se t em ul sion from th e Ergon Refinery in Vicksburg, Mis sissi ppi; and WHEREAS, Bituminous As phalt Sealing Specialists, In c. of North Littl e Rock, Arkansa s, ho s laboratory-tested and field-tested this pr oduct , and City staff h ,s eva luated the abilities of this compa ny in pl ac ing Micro su rfa ci ng, and hos disc ussed their work qua li ty and product quality with oth er governm ental agencies which h ave had years of experience with this compan y; and WHEREAS, Section ll6 (b) of the Englewood Home Rule Charte r and Section 4-1-3-1, Englewood Municipal Code 1985, all ow co ntrocts fo r pub lic works or impr ovements to be negotiated, provided th at contracts for which no compe t itive bids hove been requested have bee n app roved by resolution which shall decla re th e reason for except ion to th e compe titiv e bi dding requirement; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~-Th e Depo rtment of Publ ic Works is hereby a uth ori zed to negotiate n contract for ~licr osurfocing Program 1992 in a n amount not co excee d $260,000 in li eu of the com petiti ve bid pr ocess os allowed by Section 11 6 (b) of the Engl ewood Home Rule Cha rter nnd Sec cion •1·1·3-1, En glewood ~lu nicipal ode 19 5." ~-Th e De partment of Public Work s is hereby authorize d to prepare a contract for th e Micros urfa ci ng Program 1992 purs uant to their inv s tigations of local aggregate, qui ck-s et emuls ion produc ed by the Ergon Refinery in Vick sburg, Mi SB ias ippi, ond co nstruction of th e product on Englewood streets by Bituminous Asphalt Sealing S peciali s ts, Inc., of North Littl e Rock, Arkan sas. ADOPTED AND APPROV ED this 6th rla y of April , 1992 . ATTEST C/4«<4 ,#~ Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk fo r the City of Engl ewood, Colorado, hereby cer t ify the above is a true copy of Resolution No~ Series of 1992. 2 CONTRACT CITY OF ENGLEWOOD, COLORADO TH IS CON TRACT an d agreeme nt, made and entered into th i s ___lU) __ day of A~p_r _il~. ____ , 19~ by and between the City of Englewood, a municipal co rporation of the State of r oJorado hereinafter referred to as the 'City ", par ty of the first part, and Bitumin ous Asphalt Sealing Sp ec ialists , Inc. , he r einafter referred to as the "C ontractor ", party of the second part . WITNF.S SETH, co1m1enc i ng on the __ N~/_A _______ day of ___ N~/_A _____ , 19_, and continuing for at least ten (10) days thereafter the City advertised t~ .t sealed proposals would be received for furnishing all labor, tools, supplies, equipment , materials and everything . ,.·. nec essar y and r equired for the following : PROJECT: Micro surfac i ng I 992 W~EREAS, proposals pur sua nt t o s aid advertisement have bee n received by the Mayo r and City Counci l and have been certified by the City Engineer to the May or and City Cou r.c i l with a reco1m1enda t io n tha t a co nt 1·act for said wo r k be awa rd ed to th e ab ov e ;,.med Cont ractor who was the lowest reliable and res pon s i bl e bidd er th erefore , and WHERE AS, pursuant to sai d recommendatio n the Contra ct ha s been aw arded to the above na me d Cont racto r by the Ma yor an d City Co un c i 1 and said Contrac t or is now will in g and able to perform all of s aid work in acc ordance wi th said adverti se ment and his proposa l . NO W THE REFORE , in consideration of the compe ns at ion to be paid the Contr,ct, the mut ual agre •-,e nts her ein after contained are subject the the t erms here i naf t er st ,ed : A. Co ntract Documents: It i s agreed by the parli es here to that the Tollo,ilng 1st of-i ns ru rne nt s , dr awings and documen t s whic h are at ached he re to, bound he r ewith or incorporated herein by reference const 1tute and sha 11 be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full herein : Advertisement of Notice for Proposa 1 s Proposal Contract ithis instrument) Performance Payment Maintenance Bond Receipt, Rele3Se, Waiver of Claims Special Provisions Genera 1 Conditt ons Detailed Specifications Pl ans and Drawl ngs B. Sco~e of Work: The Contractor agrees to and shall furnish all labor, too s, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work desc!'ibed, drawn, set forth, shown and included in said Contract Documents , C. Terms of Per .-ormance : ·•The Contractor agre·es to undertlke the performance oTTliework . under this Contract .. within ten (10) days from being notified to convnence work by the Director of Puhl ic Works and agrees to fully complete said work withtn - Twentfone ( 21 ··.}· ca lendar days fro111 the date of said no ice, plus such extension or extensions of time as may be granted by the Di re ,tor of Public Works in accordance with the provisions of the General Condit i ons . O. Te rm ~; of Payment: Th e City agr ees to -pay the Contractor for the pem,rmance of all the work requ i red under this contr act, and the Co ntr ac tor agree s to accept as hi s full and only compensation th err.fore, suc h sum or sums of mon ey a: may be proper in accordance with I.he price or prices set fort h in the Contractor's Proposal her eto attach£~ and made a pa r t hereof, the total es ti mated cost thereof being Twc hundred s i xt y thousand & no /100 dollars (S260,000 .00). E. Co nt rac t Bi ndinr It is agreed that thi s Co ntract shall be bi nding on and in sure t o t e be nefit of the pa r ties her eto, t heir he irs , exe cut ors , adminis trator s , ass ign s, arid succ esso r s. IN WITNESS WHEREOF, the parties have ca used these presents to be sig ned pers onally or by their duly authorized officers or agents and their seals affi xed and duly attested the day and year first above written. This Con t r act t s executed In _5_ counterpart s. C !TY OF ENGLEWOOD by "Ha..,.y"'o..,.r ________ _ Party of the First Part ATTEST : city Clerk Contractor Approved as to fom: ., by ,.·.' Party of the Sec9nd Part C tty Attorney ATTE ST: Sec r et ary Co ntr ac t BATES FROM EASTMAN FROM LEHIGH FROM LEHIGH FROM NASSAU FROM PRINCETON FROM QUINCY FROM RADCLIFF FROM STANFORD FROM i;TANFORD FROM CHEROKEE FROM CHEROKEE FROM CLARKSON FROM ELATI FROM FOX FROM GALAPAGO FROM GRANT FROM HURON FROM -INCA FROM LINCOLN FROM PENNSYLVANIA FROM SHERMAN FROM UMATILLA FROM VALLEJO FROM WASHINGTON FR()M WYANDOT FROM TUFTS FROM LOGAN FROM CLARKSON FROM LOGAN FROM PROPOSED 1992 MICROSURFACING RARITAN CLARKSON LOGAN BROADWAY CLARKSON LOGAN JASON CLARKSON SHERMAN PEARL LAYTON STANFORD YALE HWY. 285 KENYON MANSFIELD CORNELL LAYTON ' l-• • KENYON '·:' HAMPDEN MANSFIELD , ... · MANSFIELD ....... DARTMOUTH ' DARTMOUT!t' YALE DARTMOUTH MARIPOSA LITTLE DRY CK. GIRARD HAMPDEN TO ZUNI TO LOGAN TO BROADWAY TO DELAWARE TO BROADWAY TO CLARKSON TO WINDERMERE TO BROADWAY TO PENNSYLVANIA TO CLARKSON TO UNION TO QUINCY TO DARTMOUTH TO KENYON TO LEHIGH TO' NASSAU TO DARTMOUTH TO BELLEVIEW TO OXFORD TO FLOYD TO NASSAU TO OXFORD TO BATF.S TO CORNELL TO AMHERST Ti;> BATE S TO HURON TO MANSFIELD TO DARTMOUTH TO DARTMOUTH PROPOSED 1992 -OVERLAY GI RARD FROM BROADWAY TO I.OGAN CORNELL FROM SHOSHONE TO ZUNI SHERMAN FROM HAMPDEN TO FLOYD WASHINGTON FROM HAMPDEN TO HW'i. 285 PEARL FROM HAMPDEN TO IIW'i. 285 SHOSHONE FROM CORNELL TO BATES DELAWARE FROM OXFORD TO MANSFIELD EASTMAN FROM RACE ' TO YORK . ,-·. ' . . . '1 ; DA.TE April 6 , 1992 INITIATED BY STAPP SOURCE I ISUZ/ACTIDII PROPOSSD COUNCIL COMIMIICATION AOBNDA ITBN IUIIJBCT ll f Publ ic Work ■ Department Re ■olution to Ne gotiate and Award contract for 1992 Hi c ro ■urfacln9 Program Charl e ■ B ■terly, Director of Publ i c Wor k ■ Co u ncil approval of Re ■olution allowing for a negotiated contract (an exception to t he com petitive bid pcoce11) and a warding a negotiated contract to Bituminou ■ A ■phal t Sealing Speclali ■t ■ (BASS), of Arkan ■a ■, for the 1992 Nlcroeurfacing Program. PREVIOUS COIJIICIL ACTION Resolution No , 3 8 , S er.le ■ 199 1 , and Re ■ol ut ion No . 4 5 , 1 9 90, a p prov i ng and award i ng a negotia t ed cont r act f o r the 1991 a nd 1990 Microeurfac i ng and Sl urry Seal Programs reapectively . STAFF AIIALYS IB Staff cont i nue& to mo n i tor slurry seal s c o nstruct e d i n t he metro are a surrounding Englewood dur i ng the p rev ious t h ree const ruct i on aeaeona . Though the qual ity of workma nship appears to have somewhat i mprove d over th i s perio d, fo r unexp la i ned reasone , the re remains muc h i nconsistency in the typica l mix d eeigne utilized within the met r o area. The 1991 products of other u ser agencies a ppear again s i g ni f icantly different than those constn·cted during previous aeaaona·. Thia leada us to believe that cont ractor• and/or u, agencies cont i nue to experiment and are possibly not totally satis f ied with earl .i..e r products. Moa t slurries placed during 1991 generally appear at th is time to be achiev ing aatiafactory re ■ults, al though areas of loca l lzed failure have been no ted. Reports by user age nciea still s uggest that the 1991 slurries cont i nue to have slow traffic-ready times i n the 4 t o S hour range. In ou r five year experience with "Englewood" Slurry , Hicrosurfu.ing , and BASS, Inc ., ou r complaints have not been abo ut street clos ure & no r p r od uct quality (ou r traffic -ready times have remained under 2 hou rs). The most f!'1 !quent question asked by citizens i s when t heir particular block wi ll be incl uded i n one of ou r annua l prog rama. We continue t o be satisfied with our p r oduc t's perfor mance to date. The e >c tended pavemen t longevity fro m our applications continues to look promising . A• you will recall. in 1991 Englewood agai n took the product development inltiatlve- t o move forward and addreea the maintenance need ■ of many of our more heavily u tilized arterial, co llector, and indu,itri.al atreeta. "Englewood" Hicroaurfacing was introduced , a product dea igned to addr••• th ■ maintenance need11 of roa dway• subjected to excttas ive traf fic volume ■ reou lting in pavement rutting and l a ne ■ requi.riny l e veling t-.reatmenta i n addition t o wea r ing couraee and aurface seals. "Englewo od" Hicroaurface w a ■ deaigned and con ■tructed on ■elected arterials, col l ector s , and induatri.al st r ee t ■ by B~SS, Inc ,, of Ar kanaaa . Hicro ■l,rfacin 9 requi r e ■ highly specialized conatructi.on equi pm e nt, From our 1991 experience, we be l ieve that continuou a Hicroaurfacing equipment produce ■ a auperior product compared t o that applied by standard alurry machine ■ •• utilized in our praviou ■ years application■• Standard slurry machine ■ ar ■ not capable of con ■tructin; Hicrosurfacing. However, continuoua Micro ■urfac ing equipment c a n apply standard slurry products. Although the number of continuous Hicroaurfacing machine ■ cont i nues to grow througho ut th• country, non ■ ar■ owne d or oparated by Colorado co ntractor ■• BASS, Inc. own ■ and o pera.tea two of thee' 11achine1 and c ontinues to be the only contractor ava ilable in our area with any pre .. ou ■ experience with the Ergon product ■ and mix design ■ that we have developed, conet ructecl, and believe in. We have c on fidence that. this epecializad contractor, with whom we have S year ■ of progr esa i ve experience, can accomplish our 1992 project to our ■atiafaction in a timely and co ■t effective manner. BUS, Inc. i ■ CCX1111itted to a eulti-year contract with the Ho nduran government . However, the equipment n■c ■■■ary to accompli ■h our 1992 project can be ma de avai lable approximately mid-Kay. Although our efforts in 1992 wi ll be concentrating on local aarvice and minor A col l ector streets, we believe t hat the Hicr oaurface product introduced last year is. super ior to p.revious year ■ appl i cations, a l lowing muc more flexibility in uae. The individual ccmponent ■ of our "Englewood" Microeurfa cing desig n are very 11imil•~ to t hose in our previous elurry products. However, Micr o ■ur fac lng util i ze ■ •~ ~rgon emulsion , mo re c hemically complex than our previous ■lurr y p roduct ■• Slurry Seal is a single thickneaa app.l ication product. Hicroaurfacing ha ■ t he c apability of being applied in whatever t h ickness i a necessary. It can be ut ilize d for rut filling and leveling as we l l as for overall roadway sealing. Its chemical makeup allow ■ for 17 second break times. Applications o n collector and arterial str e,,ts can be opened to through traffic i n 20 to 30 mi nutes if necessary. Our design will continue to specify the g ray granite aggregate from Asphalt Pr.i.vi ng Compar.y , Gt.llden, Co l orado. BACKGROUND Since 1987, an a verage of $240,000 has been spent out of the Public Improvement Fund o n contr.!.ct street maintenance , primarily slurry seal and Hicrosurfacing. For the pa st s years , he City has negotiated with BASS, Inc. of Little Rock, Arkansas , to come to Englewo od to do this work . The company has now placed a total o f 780,000 square yards o f material (appr oximately 340 blocks or 42 miles). Bid e f:ir ~tanda rd slurry in the metro area fo r 1992 , with local contractors and loc a l produ ~ts, appea r t o b e runn ing in the SO. 80 to SO. 90 per square yard range. A rece n b id f o r Hicrosurfac i ng b y t he Colorado Department of Tr ansportation (COOT) yie l ded b ids f o r a product that we believe to be far i n ferior to our own i n the A. S130 .00 to S14 0 .00 pe r ton range. Our spe c ified quality e mu lsio n, aggregate, and • a ppl icat ion equipnent could easily influence the1e b id pricen upwardly by $1~.00 to s20.0 0 per ton . COB ITCO , Inc., a Denver emul•ion manufacturer, ha ■ cc,ntinued it• licen•e agreement with trgon for 1992 , allowing it to produce lrgon product• locally. COBITCO •• deter mination to remain in thle mark.et h a1 been influenced by recent lntere ■t and act i vity by CDOT regard i ng the future application o f H icr o ■urf aci ng product ■ to Colorado highway ■• COBITCO i• especially encouraged by COOT•• new-found empha ■i ■ upon product quality and the tact that COOT ha ■ approached Englewood and obtained c opies of our mix design ■ and ■pa cification ■• Foreca ■t major application ■ of qua lity Hicro ■urfac i ng b y COOT •• early •• 1993 ahould generate the ■aving ■ from economy of ■cale that we have been patiently awaiting . PI NA.ICIIU. $377,000 i ■ available in the Public Improvement Fund, Road and Bridge account for 1992. Preliminary conver ■ation ■ wi th BASS, Inc . ■ugge ■t a willingne ■■ to return to Englewood at a unit price ■imilar to that in our 1991 contract ($152.18 per ton). Th e 199 1 contra ct wa ■ for $280,000 (approxlmately 160,000 ■qu ■re yard ■ or 60 bl ocks). Funding in 1992 would be limited to ■ppro•imately $260,000 for Hicr oaurfacing (approximately 185,000 equare yard ■ or i O block ■). In 1992, $100,000 of our budgeted maintenance funding i ■ needed for a ■phaltic concrete overlay ■ (approx. 15 block ■). Allowi ng for minor rut filling, ■urfacing lavellng and normal resir'le ntial application rate ■, we are anticipating a product yield that will generate per square yard coat ■ of $1.30 to $1.40. Thi ■ co■t remain• in the magnitude o f 1/3 the co ■t of a ■phaltic concrete overlay t•hlle ■till allowing u ■ to cor rect ma ny of the irregulari t i a ■ within a ■truct.ural!y 1ound roadway ■urface . Due to the var ying application rate ■ of Hicr oaurf, cing, with ever changing r oadway condit ions, Hicroaurfacing i ■ contracted by unit weight applied (ton■). The attache1 l sts of streets and avenues proposed f or i·.1cl ur;ion in our 1992 overlay and Mi cro aurfar.ing programs is fo r you r info rmation. It l ,; intended ~o be representative ot the proposed progr a me a nd i ■, of course, ■u bject to you r review and comment . Since 1987, we have a ddressed the ma intenance needa of only 42 miles o f ou r appr oximately 120 mile roadway system. consequently , many maintenance candidat es exist within our street s y stem. A prog,·asoive s l urr y/Hicro ■ur fa cing p r ogram wo uld address all of the streets within t he system over a seven year period, s ug gest l ng t hat t he annual budget f o r this activity rema i ns at 35\ of ideal f u nd ing levels.