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21-R-63 - Contract with Andale Constrution Inc for application of HA5 Asphalt in the Mesa Oaks SubdivisionRESOLUTION NO. 21 -R -63 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ANDALE CONSTRUCTION INC. FOR THE APPLICATION OF HA5 ASPHALT PRESERVATION PRODUCT IN THE MESA OAKS SUBDIVISION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City has adopted the results of the pavement conditioning index recommending a variety of street maintenance methods and road reconstruction projects based upon the current conditions of City streets; and WHEREAS, certain streets, including those within the Mesa Oaks subdivision are recommended to receive a slurry seal application to improve the condition of the pavement and extend the useful life of the streets; and WHEREAS, Public Works staff have evaluated a new technology slurry seal product known as HA5 that is now available to be used on streets in Texas; and WHEREAS, the HA5 product is about as expensive but can extend the appearance and maintenance life of the street surface up to five years longer than standard slurry seal; and WHEREAS, the HA5 product is only available from Andale Construction, Inc. as a sole source supplier meeting the requirements as a sole source supplier for the City of Schertz; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a contract with Andale Construction Inc. for the application of HA5 asphalt preservation product in the Mesa Oaks subdivision. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to enter into a contract with Andale Construction for that application of HA5 asphalt preservation product in the Mesa Oaks subdivision for a proposed price of $70,753.35 with a contingency of $7,075.33 for a not to exceed amount of $77,828.68. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions oftbis Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States ofAmerica. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provisions. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of July 2021 ATTEST: r �` Brenda Dennis, City Secretary CITY OF SCHERTZ, TEXAS SAM T: June 24, 2021 Attn: City of Schertz, TX Subject Andale Construction: Texas HAS installer This letter serves as documentation that Andale Construction is the only approved contractor authorized and qualified by Integrated Pavement Solutions to install HAS High Density Mineral Bond in the Texas market. HAS High Density Mineral Bond is a sole source product and the only product meeting the rigorous specification of a High Density Mineral Bond established by engineering professionals. Andale Construction has invested in all the necessary equipment and trained crews to successfully complete High Density Mineral Bond projects. Why Sole Source? A High Density Mineral Bond requires specific emulsification properties and fine aggregates that combine for time- tested performance results. The differentiator is the durability of the product and its effectiveness at reducing the deterioration of the asphalt binder as demonstrated over the previous 18 years in various climate types around the U.S. If you would like a High Density Mineral Bond specification, or have questions about it, please contact me at (435) 562 -8064. Warm Regards, Mark Beatty Sr. Vice President Integrated Pavement Solutions (IPS) CD O IA CL ^. Headquarter Offee Southern Texas Division Oft PROPOSAL 7700 N. Hayes Dr. 193 Wake Ln J - - Valley Center, ACS 67147 Jourdanton, TX / CONSTRUCTION.— P: 316 -832 -0063 P: 830- 770 -0367 Date Estimate F: 316-40 -8810 5124/2021 sz -m www.andaleconstruction.con Partner In Pavement Preservation Project Description Project Location Apply HA5 (High Density Mineral Bond) Schertz Public Works Department 10 Comercial Place Bid. 2 Within Schertz City Limitits See Attached Map for Specific Locations Schertz, TX 78154 P.O. Number Terms Advlsor Region State License# Due upon completion Travis Dickson Texas Description Quantity Ulm Rate Total 20,687 SY 3.05 63,095.35 HAS HIGH DENSITY MINERAL BOND: — Install "HAS" High Density Mineral Bond advanced performance pavement preservation treatment. — No guarantee surface treatments will adhere to areas saturated with motor oil. — HAS meets demands of APWA (American Public Works Association) specification (Section 32 01 13.68 High Density Mineral Bond). TRAFFIC CONTROL 1 LS I 2,287.00 2,287.00 CITIZEN NOTIFICATION I LS 773.00 773.00 MOBILIZATION 1 LS 4,491.00 4,491.00 PPE & SAFETY EQUIPMENT 1 107.00 107.00 Proposal is based offof estimated number of units. Amount invoiced will be based off of actual units installed. ' Pricing is based upon are mobilization for the project. Projects that are broken up to be done over different time periods requiring multiple mobilizations would result in the project being priced based upon the tier of the square yardage for each scheduled project. Message boards will be separatelypriced hems. Excessively duty roadways will require separate cleaning fees. Price quote expires 6 -24 -2021, unless otherwise agreed upon in writing. Tax will he charged unless Exemption Certificate is provided. Total S 70,753.35 Proposal void 30 days from date listed on proposal. By signing this proposal (contract), I agree that Andale Construction Inc. may not be held liable for delays, conditions, or Acts of God beyond their control, which situations may delay or cause cancelation partially or entirely on any project. Delays include project demand and material supply. Andale Construction Inc. is not liable for any ADA compliance, if needed, Client should consult with an ADA compliance professional prior to specific project approval. PAYMENT TERMS: Due Upon Completion (Completion by line item Progess Billing' and/or completion ofpmjecl core) There maybe concerns from Client following completion. Upon request, post - project walk- througbs may be scheduled to review concerns. Payment will still remain due upon invoice. Andale Construction Inc. is committed to client satisfaction and resolving concerts, though at times, this may be delayed. As the Client, I agree to not withhold payment due to walk - through requests, cleaning, touch -up, or warranty concerns. I understand and agree that I will be billed for towing as incurred and will be due on roceipt. I agree that if I demand to retain payment until warranty work or touch up is completed, the retainer will be a fixed amount of 5 % of invoice, up to $750.00. 1 agree that I maybe billed as each line item is completed and each item may become their own respective invoice. I understand that interest accrues on all past -due amounts at 24% per annum from invoice date, until paid in full; and may be billed collection fee's of up to 40 %, and Client agrees to pay all fees accrued by collection efforts. These terms apply to all amount(s) incurred by me and for whom I have committed management responsibility, regardless of timing. Total Proposal price includes one mobilization. Additional mobilizations maybe billed up to $3,500 per additional mobilization. This agreement provides Client written Notice of Right to Lien. Pricing does not include Certified Payroll unless stated otherwise. INSURANCE: These insurance limits are listed by Andale Construction to inform Client of such. Any premiums above the following to be paid by Client. This disclosure overrules any other contract language wherein Andale Construction agrees to differing limits. Certificates available upon request. GENERAL LIABILITY: Sim One.), $2m (agg.) AUTO: Slm UMBRELLA: S2m (inc.), S2m (agg.) PERSONAL INJ: $lm WORB;ERS COMP• $]m One year guarantee on workmanship and product liability. Signature _ _ Print Name Page 1 of 1 Date Andale Construction Inc.