ESBD_564379_1790865012233_Formal IFB 6100019897 AC Crack Sealant PWD.pdf

CITY OF SAN ANTONIO

Finance Department, Procurement Division

FORMAL INVITATION FOR BID (“IFB”) NO.: 6100019897

ANNUAL CONTRACT FOR CRACK SEALANT

FOR PUBLIC WORKS DEPARTMENT

DATE ISSUED: SEPTEMBER 30, 2026

BIDS MUST BE RECEIVED NO LATER THAN:

2:00 PM, CENTRAL TIME, OCTOBER 16, 2026

Bids must be submitted electronically via the San Antonio e-Procurement System (SAePS) Portal. Only electronic bid submissions will be accepted.

Proposal Bond: No Performance Bond: No Payment Bond: No Other: No See Supplemental Terms & Conditions for information on these requirements.

Affirmative Procurement Initiative: No DBE / ACDBE Requirements: No See Instructions for Bidders and Attachments sections for more information on these requirements.

Pre-Submittal Conference: *Yes/ *Pre-Submittal Conference is scheduled for October 07, 2026, at 10:00 a.m. Central Time. The conference will be held via WebEx. While attendance at the Pre-Submittal Conference is optional, we highly encourage prospective vendors to participate.

You can join WebEx or call in to the meeting using the instructions provided below:

Join by Phone: 1-415-655-0001 (Toll-free Dial-In) Meeting number (access code): 2347 581 1225 Meeting password: VbhsqDn5F78 (COSA)

Join from the meeting link:

https://sanantonio.webex.com/sanantonio/j.php?MTID=med8c3880945dd50c17a8599add8a1a5e https://sanantonio.webex.com/sanantonio/j.php?MTID=med8c3880945dd50c17a8599add8a1a5e

002 - TABLE OF CONTENTS

002 - TABLE OF CONTENTS

003 - INSTRUCTIONS FOR BIDDERS

004 - SPECIFICATIONS / SCOPE OF SERVICES

005- SUPPLEMENTAL TERMS & CONDITIONS

006 - GENERAL TERMS & CONDITIONS

007 - SIGNATURE PAGE

008 - STANDARD DEFINITIONS

009 – ATTACHMENTS

003 - INSTRUCTIONS FOR BIDDERS

Submission of Bids.

**Bid submissions will only be accepted electronically through City’s SAePS Portal**

Submission of Electronic Bids. Submit one bid electronically by the due date provided on the Cover Page. All times stated herein are Central Time. Any bid or modification received after the time and date stated on the Cover Page shall be rejected. All forms in this solicitation which require a signature must have a signature affixed thereto, either by manually signing the document, prior to scanning it and uploading it with your submission, or affixing it electronically.

**Bids sent to City by mail, facsimile or email shall be rejected. **

Modified Bids. Bids may be modified provided such modifications are received prior to the time and date set for submission of bids and submitted in the same manner as original bids. A modified bid will automatically replace a prior bid submission. See below for information on submitting Alternate Bids.

City shall not be responsible for lost or misdirected bids or modifications.

Electronic bids, Bidder’s electronic submission, with accompanying affirmations, constitutes a binding signature for all purposes.

Bidders are cautioned that they are responsible for the security of their log on ID and password, since unauthorized use could result in Bidder’s being held liable for the submission.

Certified Vendor Registration Form. If Bidder has not completed City’s Certified Vendor Registration (CVR) Form, Bidder is required to do so prior to the due date for submission of bids. The CVR form may be accessed at:

https://www.sa.gov/Directory/Departments/Finance/About/Divisions/Procurement. Bidders must identify the correct name of the entity that will be providing the goods and/or services under the contract. No nicknames, abbreviations (unless part of the legal title), shortened or short-hand names will be accepted in place of the full, true, and correct legal name of the entity.

Alternate Bids. Alternate bids may be allowed at the sole discretion of City.

Electronic Alternate Bids Submitted Through the Portal. All alternate bids are recorded with original bids when submitted electronically.

Catalog Pricing. (This section applies to bids using catalog pricing.)

The bid will be based on manufacturer's latest dated price list(s). Said price list(s) must denote the manufacturer, latest effective date, and published price.

Bidders shall be responsible for providing one copy of the manufacturer’s catalog for each manufacturer for which a proposal is submitted. Respondent shall provide said catalog at the time of submission of its proposal. Manufacturers’ catalogs may be submitted in any of the following formats: PDF, paper copy, CD-ROM or flash drive, Catalogs shall be mailed to the Finance Department, Procurement Division, P.O. Box 839966, San Antonio, Texas 78283-3966 prior to bid opening. Bidder shall submit a PDF file for proposals submitted electronically.

Bidders may submit price lists other than the manufacturer’s price list. Said price list(s) must denote the company name, effective date, and price schedule. These price lists are subject to approval of City Finance Department - Procurement Division.

Specified items identified herein, if any, are for overall bid evaluation and represent the commonly and most used items. Net prices entered for those specified items must reflect the actual price derived from quoted price list less all discounts offered.

Restrictions on Communication.

https://www.sa.gov/Directory/Departments/Finance/About/Divisions/Procurement

Bidders are prohibited from contacting 1) City officials, as defined by §2-62 of the City Code of the City of San Antonio, regarding the proposal/bid from the time the solicitation has been released until the contract is posted for consideration as an agenda item at a City Council "A" session or until the contract award is posted as an agenda item at a City Manager Contract Approval Review meeting; and 2) City employees from the time the proposal/bid has been released until the contract is approved at a City Council "A" session or by City Manager, 7 calendar days after agenda posted date.

Restrictions extend to "thank you" letters, phone calls, emails and any contact that results in the direct or indirect discussion of the proposal/bid submitted by Respondent.

Violation of this provision by Respondent and/or its agent may lead to disqualification of Respondent’s proposal/bid from consideration.

Exceptions to the restrictions on communication with City employees include:

Bidders may ask verbal questions concerning this IFB at the Pre-Submittal Conference. If a Pre-Submittal Conference is not held Bidders may ask questions via email.

Bidders may submit written questions, or objections to specifications, concerning this IFB to the Staff Contact Person listed on the Cover Page on or before 7 calendar days prior to the date Bids are due. Questions received after the stated deadline will not be answered. Questions submitted and City’s responses will be posted with this solicitation. All questions shall be sent by e-mail or through the portal.

Bidders may provide responses to questions asked of them by the Staff Contact Person after bids are received and opened.

The Staff Contact Person may request clarification to assist in evaluating Bidder’s response. The information provided is not intended to change the bid response in any fashion. Such additional information must be provided within two business days from City’s request.

Bidders and/or their agents are encouraged to contact the Economic Development Department for assistance or clarification with issues specifically related to the City’s Small Business Economic Development Advocacy (SBEDA) Program policy and/or completion of the required SBEDA forms. The point of contact may be reached by telephone at (210) 207-3922 or by e-mail at SBEDAdocs@sanantonio.gov. This exception to the restriction on communication does not apply, and there is no contact permitted to the Economic Development Department regarding this solicitation, after the solicitation closing date.

If this solicitation includes DBE/ACDBE requirements, bidders or their representatives may contact the Aviation Department’s DBE/ACDBE Liaison Officer (DBELO/ACDBELO) for assistance or clarification specifically related to DBE/ACDBE policy or required forms. Barbara Patton, DBELO/ACDBELO, can be reached at (210) 207-3592, via email at Barbara.Patton@sanantonio.gov, or at bodd@sanantonio.gov.

Bidders are encouraged to reach out to the DBELO/ACDBELO or the Aviation Department's Business Opportunity & Diversity Development (BODD) Office prior to the bid/proposal deadline. Please note that inquiries after the due date will not be permitted. If this solicitation includes DBE/ACDBE requirements, this will be indicated on the Cover Page.

Vendors may contact the Vendor Support staff at (210) 207-0118 or by email at vendors@sanantonio.gov for assistance with vendor registration.

For Vendor assistance with SAePS Portal, you may contact vendor support at (210) 207-0118 or by email at vendors@sanantonio.gov with “SAePS Portal” on the subject line so responses can be expedited. Vendors can access the link below for instructions for creating a response in the SAePS portal.

https://www.sa.gov/files/assets/main/finance/documents/procurement/response.pdf

Pre-Submittal Conference.

If a Pre-Submittal Conference is scheduled, it will be held at the time and place noted on the Cover Page. Bidders are encouraged to prepare and submit their questions in writing in advance of the Pre-Submittal Conference in order to expedite the proceedings.

City’s responses to questions received prior to the conference may be distributed at the Pre-Submittal Conference and posted with this solicitation.

Pre-Submittal Conference participation is optional, but highly encouraged.

Vendors who join the WebEx Pre-Submittal Conference are highly encouraged to email the solicitation’s Staff Contact Person confirming bidder attendance and participation through the WebEx.

mailto:Barbara.Patton@sanantonio.gov mailto:bodd@sanantonio.gov mailto:vendors@sanantonio.gov mailto:vendors@sanantonio.gov https://www.sa.gov/files/assets/main/finance/documents/procurement/response.pdf

Any oral response given at the Pre-Submittal Conference that is not confirmed in writing and posted with this solicitation shall not be official or binding on the City.

This meeting place is accessible to disabled persons. Call the Staff Contact Person for information on the location of the wheelchair accessible entrance, or to request an interpreter for the deaf. Interpreters for the deaf must be requested at least 48 hours prior to the meeting. For other assistance, call (210) 207-7245 Voice/TTY.

Changes to IFB.

Changes to the IFB made before the proposal due date will be issued through Addendums. Respondents are responsible for checking for and reviewing all Addendums up to the proposal deadline. The City will assume all Respondents have reviewed each Addendum by the time proposals are submitted. All Addendums become part of the solicitation and the resulting contract documents. Submission of a proposal confirms acknowledgment and receipt of all Addendums.

Any Addendum issued for this solicitation permanently incorporates the specifications, requirements, and amendments stated within it.

No oral statements of any person may modify or change the terms, conditions, or specifications of the IFB.

Preparation of Bids.

All information required by the IFB must be furnished or the bid may be deemed non-responsive and rejected. Any ambiguity in the bid as a result of omission, error, unintelligible or illegible wording shall be construed in the favor of City.

Correct Legal Name. If Bidder is found to have incorrectly or incompletely stated the name of the entity that will provide goods and/or services, the bid may be rejected.

Line Item Bids. Any bid that is considered for award by each unit or line item, must include a price for each unit or line item for which Bidder wishes to be considered. All bids are awarded on the basis of low line item, low total line items, or in any other combination that serves the best interest of City, unless City designates this solicitation as an “all or none” bid in the Supplemental Terms & Conditions.

All or None Bids. Any bid that is considered for award on an “all or none” basis must include a price for all units or line items. In an “All or None” bid, a unit price left blank shall result in the bid being deemed nonresponsive and disqualified from consideration.

An “All or None” bid is one in which City will award the entire contract to one bidder only.

Delivery Dates. Proposed delivery dates must be shown in the bid form where required and shall include weekends and holidays, unless specified otherwise in this IFB. Proposed delivery times must be specific. Phrases such as “as required”, “as soon as possible” or “prompt” may result in disqualification of the bid. Special delivery instructions, if any, may be found in the Specifications / Scope of Services section of this document, or in the Purchase Order.

Tax Exemption. The City of San Antonio is exempt from payment of federal taxes, and State of Texas limited sales excise and use taxes. Bidders must not include such taxes in bid prices. An exemption certificate will be signed by City where applicable upon request by Bidder after contract award.

Description of Supplies.

Any brand names, catalog or manufacturer’s reference used in describing an item is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate quality and capability desired.

Bids submitted for comparable items must clearly identify the proposed product, model, and type, as applicable, and shall include manufacturer specification sheet(s) for each proposed item with bid response. Product specifications shall be the most current available and be sufficiently detailed and descriptive so as to permit City to determine the item’s suitability and compliance with bid specifications. City shall be the sole judge of equality and suitability of comparable items.

Pro-rata adjustments to packaging and pricing may be allowed at the sole discretion of City.

Samples, Demonstrations and Pre-award Testing. If requested by City, Bidder shall provide product samples, demonstrations, and/or testing of items bid to ensure compliance with specifications prior to award of the contract. Samples, demonstrations and/or testing must be provided within 7 calendar days of City’s request. Failure to comply with City’s request may result in rejection of a bid. All samples (including return thereof), demonstrations, and/or testing shall be at Bidder’s expense. Samp les will be returned upon written request. Requests for return of samples must be made in writing at the time the samples are provided. Otherwise, samples will become property of City at no cost to City. Samples that are consumed or destroyed during demonstrations or testing will not be returned.

Estimated Quantities for Annual Contracts.

Designation as an “annual” contract is found in the contract’s title on the Cover Page of this document. The quantities stated are estimates only and are in no way binding upon City. Estimated quantities are used for the purpose of evaluation. City may increase or decrease quantities as needed. Where a contract is awarded on a unit price basis, payment shall be based on the actual quantities supplied.

Bidders shall thoroughly examine the drawings, specifications, schedule(s), instructions, and all other contract documents.

Bidders shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment, or conditions and sites/locations for providing goods and services as required by this IFB. No plea of ignorance by Bidder will be accepted as a basis for varying the requirements of City or the compensation to Bidder.

Confidential or Proprietary Information. All bids become the property of the City upon receipt and will not be returned. Any information deemed to be confidential by Bidder should be clearly noted; however, City cannot guarantee that it will not be compelled to disclose all or part of any public record under the Texas Public Information Act, since information deemed to be confidential by Bidder may not be considered confidential under Texas law, or pursuant to a Court order. Note that pursuant to state law, bids are opened publicly and read aloud. In addition, bids are tabulated and posted to the City’s website, so shall not be considered proprietary or confidential.

Interlocal Participation.

City may engage in cooperative purchasing with other governmental entities or governmental cooperatives (“Entity” or “Entities”) to enhance City’s purchasing power. At City’s sole discretion and option, City may inform other Entities that they may acquire items listed in this IFB. If this contract will be subject to cooperative purchasing, such fact will be indicated in the Supplemental Terms and Conditions portion of this IFB. Such acquisition(s) shall be at the prices stated in the bid and shall be subject to Bidder’s acceptance. Entities desiring to acquire items listed in this IFB shall be listed on a rider attached hereto, if known at the time of issuance of the IFB. City may issue subsequent riders after contract award setting forth additional Entities desiring to utilize this bid.

Bidder must sign and submit the rider, if attached to this IFB, with its bid, indicating whether Bidder wishes to allow other Entities to use its bid. Bidder shall sign and return any subsequently issued riders within ten calendar days of receipt. Bidder’s decision on whether to allow other Entities to use the bid shall not be a factor in awarding this IFB.

Costs of Bidding. Bidder shall bear any and all costs that are associated with the preparation of the Bid, attendance at the Pre- Submittal Conference, if any, or during any phase of the selection process.

Rejection of Bids.

City may reject any and all bids, in whole or in part, cancel the IFB and reissue the solicitation. City may reject a bid if:

Bidder misstates or conceals any material fact in the bid; or

The bid does not strictly conform to law or the requirements of the solicitation;

The bid is conditional; or

Any other reason that would lead City to believe that the bid is non-responsive, or Bidder is not responsible.

City, in its sole discretion, may also waive any minor informalities or irregularities in any bid, such as failure to submit sufficient bid copies, failure to submit literature or similar attachments, or business affiliation information.

Variances and Exceptions to Bid Terms. In order to comply with State law, bidders must submit bids on the same material terms and conditions. Bids that contain material variances or exceptions to the terms and conditions, including additional terms and conditions, will be rejected.

Changes to Bid Form. Bids must be submitted on the forms furnished. Bids that change the format or content of City’s IFB will be rejected.

Withdrawal of Bids. Bids may be withdrawn prior to the time set for the bid opening. Bids submitted electronically may be withdrawn electronically.

Bid Opening. Bids will be publicly read aloud online through WebEx at 2:30 p.m. Central Time on the day the bids are due.

Join by phone:

415-655-0001 (Toll-free Dial-In) Meeting number (access code): 2630 003 5297 Meeting password: COSA WebEx Meeting Link:

https://sanantonio.webex.com/sanantonio/j.php?MTID=ma673c6c7d0d45e4f617220d952b17be0

Evaluation and Award of Contract.

Per Section §252.043 of the Texas Local Government Code, the contract will be awarded to the lowest responsible bidder. The Procurement Division of the Finance Department evaluates bids for responsiveness and the responsibility of the bidder and makes a recommendation for award. The City Council, or City Manager or designee as applicable, makes the final determination regarding award.

City reserves the right to make an award on the basis of low line item, low total line items, or in any other combination that serves the best interest of City, unless City designates this solicitation as an “all or none” bid in the Supplemental Terms & Conditions.

A written award of acceptance (manifested by a City Ordinance or City Manager or designee approval as applicable) and Purchase Order furnished to Bidder results in a binding contract without further action by either party. Vendor must have the Purchase Order before making any delivery.

City reserves the right to utilize historical usage data as a basis for evaluation of bids when future usages are unable to be determined.

Breaking of tie bids shall be in accordance with the Texas Local Government Code §271.901.

City reserves the right to delete items prior to the awarding of the contract, and purchase said items by other means.

By submitting a response, Respondent warrants and certifies that it has read and understands all instructions for form(s) submission required under City’s SBEDA program. If a Contracting Program API goal applies to this solicitation, Respondent acknowledges that failure to submit EITHER a Utilization Plan OR a Contracting Goal Waiver Request with its proposal will result in the proposal being deemed nonresponsive and excluded from consideration.

Vendors who develop and/or modify City of San Antonio (City) digital assets, content, and channels must meet a fundamental requirement that all information and communications technology (ICT) is accessible to, and usable by, people with disabilities. This meets the City’s obligations under the Americans with Disabilities Act (ADA) of 1990 (as amended 2008) and the Rehabilitation Act of 1973 and other related laws. Under these laws, the City must provide employees and members of the public with disabilities comparable access to ICT as people who do not have disabilities.

Vendors must adhere to or exceed the following standards for ICT: Section 508 Standards and Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Applicable standards will be determined by the Scope of Work (SOW) for each project and additional standards may be required based on the type of digital asset, content, or channel. These standards are established as minimum requirements and Vendors are expected to deliver access at higher levels when technically feasible.

Environmentally Preferred Products.

Vendor shall provide a wide selection of "Environmentally Preferred Products." Vendors must specify the material composition and content levels (including post-consumer content % and total recovered materials content %) for each proposed product. At a minimum, these content levels must meet the recommended standards outlined in the Comprehensive Procurement Guideline (CPG) Program (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program). The CPG program is part of the United States Environmental Protection Agency's (EPA) Sustainable Materials Management initiative, which aims to reduce material use and greenhouse gas emissions that contribute to climate change, as well as other environmental impacts over the entire life cycle of the materials.

https://sanantonio.webex.com/sanantonio/j.php?MTID=ma673c6c7d0d45e4f617220d952b17be0 https://sanantonio.webex.com/sanantonio/j.php?MTID=ma673c6c7d0d45e4f617220d952b17be0 https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

In accordance with the City of San Antonio's Administrative Directive 9.2, Environmentally Preferred Purchasing Policy, vendors should submit documentation to verify their recycled content claims along with their bid submission. For this Invitation for Bid (IFB), the applicable content levels will be those published at the time of the bid submission deadline. For more information on these requirements, if applicable, please review the scope of services and specifications to this solicitation.

Inspection of Facilities/Equipment.

Depending on the nature of the IFB, Bidders' facilities and equipment may be a determining factor in making the bid award. All bidders may be subject to inspection of their facilities and equipment.

Prospective bidders must prove beyond any doubt to City that they are qualified and capable of performing the contract’s requirements.

Prompt Payment Discount.

Provided Bidder meets the requirements stated herein, City shall take Bidder’s offered prompt payment discount into consideration. The evaluation will not be based on the discount percentage alone, but rather the net price as determined by applying the discount to the bid price, either per line item or total bid amount. However, City reserves the right to reject a discount if the percentage is too low to be of value to City, given the circumstances. City may also reject a discount if the percentage is so high as to create an overly large disparity between the price City would pay if it is able to take advantage of the discount and the price City would pay if it were unable to pay within the discount period. City may always reject the discount and pay within the 30-day period, at City’s sole option.

City will not consider discounts that provide fewer than 20 days to pay in order to receive the discount.

For example, payment terms of 2% 5, Net 30 will NOT be considered in bid evaluations or in the payment of invoices. However, payment terms of 2% 20, Net 30 will result in a two percent reduction in the bid price during bid evaluation, and City will take the 2% discount if the invoice is paid within the 20-day time-period.

Tabulations. The Procurement Division may post preliminary tabulations up to 7 days of the advertised bid opening. The information on these tabulations will be posted for informational purposes only and will be posted as read during the bid opening. This tabulation is not a notice of award of the contract. All bids are subject to review for completeness, accuracy and compliance with the terms set forth in the bid documents.

Bid Protest Procedures.

Any bidder who is adversely affected in connection with the solicitation, evaluation, or proposed award of a contract may file a protest with the Director and appeal any adverse decision to the City Manager of the City of San Antonio.

Bidder must submit a written notice of protest to the Director within 7 calendar days of the posting of the intent to award. If Bidder does not file a written notice within this time, Bidder will have waived all rights to formally protest the intent to award. It is Bidder’s responsibility to check the City’s bidding and contracting opportunities website posting.

Debriefing. Debriefing of contract award is available upon request and after award of the Contract.

Prohibited Financial Interest. The Charter of the City of San Antonio and the City of San Antonio Code of Ethics prohibit a City officer or employee, as those terms are defined in §2-52 of the Code of Ethics, from having a direct or indirect financial interest in any contract with City. An officer or employee has a “prohibited financial interest” in a contract with City or in the sale to City of land materials, supplies or service, if any of the following individual(s) or entities is a party to the contract or sale:

• a City officer or employee; their spouse, sibling, parent, child, or other family member within the first degree of consanguinity or affinity;

• an entity in which the officer or employee, or their parent, child or spouse directly or indirectly owns (i) 10% or more of the voting stock or shares of the entity, or 10% or more of the fair market value of the entity; or

• an entity in which any individual or entity listed above is (i) a subcontractor on a City contract, (ii) a partner or (iii) a parent or subsidiary entity.

By submitting a bid, Bidder warrants and certifies, and a contract awarded pursuant to this IFB is made in reliance thereon, that it, its officers, employees, and agents are neither officers nor employees of the City.

Unfair Advancement of Private Interests. Pricing and discounts contained in this contract are for use by City departments conducting City business. City employees may not use their positions to obtain special treatment or prices that are not available to the general public.

State of Texas Conflict of Interest:

Questionnaire (Form CIQ). Chapter 176 of the Texas Local Government Code requires that persons, or their agents, who seek to contract for the sale or purchase of property, goods, or services with the City, shall file a completed Form CIQ with the City Clerk if those persons meet the requirements under §176.006(a) of the statute.

By law, this questionnaire must be filed with the City Clerk not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Texas Local Government Code.

Form CIQ is available from the Texas Ethics Commission by accessing the following web address:

https://ethics.state.tx.us/forms/conflict/

In addition, please complete the City’s Addendum to Form CIQ (Form CIQ-A) and submit it with Form CIQ to the Office of the City Clerk. The Form CIQ-A can be found at:

http://www.sanantonio.gov/Portals/0/Files/Ethics/OCC-CIQ-Addendum.pdf

When completed, the CIQ Form and the CIQ-A Form should be submitted together by mail to the Office of the City Clerk.

Please mail to: Office of the City Clerk, P.O. Box 839966, San Antonio, TX 78283-3966.

Do not include these forms with your sealed bid. The Procurement Division will not deliver the forms to the City Clerk for you.

CERTIFICATE OF INTERESTED PARTIES (FORM 1295)

The Texas Government Code §2252.908, and the rules issued by the Texas Ethics Commission found in Title 1, Chapter 46 of the Texas Administrative Code, require a business entity to submit a completed Form 1295 to the City before the City may enter into a contract with that business entity.

Form 1295 must be completed online. It is available from the Texas Ethics Commission by accessing the following web address:

https://www.ethics.state.tx.us/filinginfo/1295/

Print and sign your completed Form 1295. Submit your signed Form 1295 with your response to this solicitation. Where requested to provide the name of the public entity with whom you are contracting, insert “City of San Antonio” . Where requested to provide the contract number, provide the solicitation number shown on the cover page of this solicitation (e.g., IFB 6100001234, RFO 6100001234 or RFCSP 6100001234).

The following definitions found in the statute and Texas Ethics Commission rules may be helpful in completing Form 1295.

“Business entity” includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency. (NOTE: The City of San Antonio should never be listed as the “Business entity”.)

“Controlling interest” means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. Subsection (3) of this section does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.

“Interested party” means: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) an intermediary.

https://ethics.state.tx.us/forms/conflict/ https://www.ethics.state.tx.us/filinginfo/1295/

“Intermediary,” for purposes of this rule, means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:

(1) receives compensation from the business entity for the person’s participation;

(2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract;

and

(3) is not an employee of the business entity or of an entity with a controlling interest in the business entity.

Publicly traded business entities, including their wholly owned subsidiaries, are exempt from this requirement and are not required to submit Form 1295.

004 - SPECIFICATIONS / SCOPE OF SERVICES

4.0 SCOPE: The City of San Antonio is soliciting bids to furnish Crack Sealant, PolyFlex Type 3, in accordance with the specifications listed herein. This item is utilized by Public Works Department to repair street cracks in asphalt throughout the City.

4.1 SPECIFICATIONS:

This material shall be suitable for sealing 1/8 inch or larger width cracks in asphaltic concrete pavement. It shall be capable of being melted in a jacketed double boiler type melting kettle, equipment with agitation and recirculation system.

The material will be pressure pumped through a hose and nozzle system.

4.2 MATERIAL:

4.2.1 All material furnished under this specification shall meet the requirements of the Item 300 "Asphalts, Oil and Emulsions." November 2014 Texas Department of Transportation Standard Specifications:

https://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf. Sealant material shall meet the following minimum specifications and requirements:

4.2.1.1 ASTM D5329 (American Society Testing and Materials)

4.2.1.2 ASTM D36 (American Society Testing and Materials)

4.2.1.3 ASTM D113 (American Society Testing and Materials)

4.2.1.4 ASTM D2669 (American Society Testing and Materials)

4.2.1.5 ASTM D4 (American Society Testing and Materials)

4.2.2 Sealant must have the following qualities:

4.2.2.1 Hot-pour, single component compound.

4.2.2.2 Excellent in being cohesive and adhesive.

4.2.2.3 Resists degradation from weathering.

4.2.2.4 Remains ductile and resilient at low and high temperature.

4.2.2.5 Will not flow or migrate from the joint at temperatures of 140 degrees Fahrenheit.

4.2.2.6 Fast cure to prevent "tracking or pickup".

4.2.3 The material shall contain no water or volatile solvents. When melted, it shall be a homogeneous mix, smooth, easy flowing material of a buttery consistency. It shall contain no grainy crumbs to segregate and bridge the cracks.

https://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf

4.2.4 MATERIAL PHYSICAL PROPERTIES:

4.2.5 Material shall be equal to or exceed the following characteristics:

Cone Penetration - 77ºF 20-40

Resilience - 77ºF 30% Min.

Ductility - 77ºF 30 cm min.

Flexibility Pass at 30º

Flow - 140ºF 3 mm max

Bitumen Content 60% min.

Asphalt Compatibility Pass Bitumen Content 60% min.

Tensile Adhesion 400% min.

Safe Heating Temperature 400ºF Recommend Pour Temperature 380ºF TESTING MATERIAL

4.2.6 The City reserves the right to test product being bid. The vendor must furnish at no cost to the City sufficient material for testing purposes at the request of the City. Material must meet the City's requirements and be compatible with the City’s equipment.

Equipment: Crafco, Inc. – Hot 3257 – 2019: September: Model# - SS250DC100

4.3 PACKAGING:

Material shall be packaged in boxes which contain two 30–35 pound blocks that are individually packaged in a liner made of polyethylene. The boxes shall be placed on pallets, each stacked pallet weighing approximately 2100 pounds. Each stacked pallet must be totally covered with a weatherproof covering.

4.4 DELIVERY:

All prices must be quoted FOB Destination; freight prepaid and included in the unit price. Any and all delivery charges must be included in the bid price, including charges to unload the product and place in the location needed. Additional charges including, but not limited to, fueling surcharges, will not be allowed. City will not provide any personnel nor equipment at delivery locations to assist.

DELIVERY ADDRESS

City of San Antonio Southeast

Service Center 1318 SE Loop

Building #7

San Antonio, Texas 78220

DELIVERY DATE/TIME

Monday-Thursday 7AM-6PM Central Time

005 – SUPPLEMENTAL TERMS & CONDITIONS

Original Contract Term.

This contract shall begin upon the effective date of the ordinance awarding the contract, or on the City Manager or designee approved contract effective date as applicable, or date specified in the award letter if this contract does not exceed $50,000.00. This contract shall remain in full force and effect for a three-year period.

Renewals.

At City’s option, this Contract may be renewed under the same terms and conditions for two (2) additional one (1) year period(s). Renewals shall be in writing and signed by Director, without further action by the San Antonio City Council or City Manager or designee as applicable, subject to and contingent upon appropriation of funding therefor.

Temporary Short-Term Extensions.

City shall have the right to extend this contract under the same terms and conditions beyond the original term or any renewal thereof, on a month to month basis, not to exceed three months. Said month to month extensions shall be in writing, signed by Director, and shall not require City Council or City Manager or designee approval as applicable, subject to and contingent upon appropriation of funding therefor.

Temporary Contract Pending Award of Contract by City Council, or City Manager or designee.

Occasionally, the City has a need for goods or services prior to the date set for the San Antonio City Council or the City Manager or designee as applicable, to consider a contract for award. If such a situation arises with regard to this solicitation, and if City intends to recommend Vendor’s bid to the City Council, or City Manager or designee as applicable, for award of a contract, City may require Vendor to provide goods or services prior to the date set for City Council, or City Manager or designee award, to consider the bid for award of a contract. City shall provide Vendor advance written notice if such occasion arises.

In such event, City’s written notice shall constitute acceptance of Vendor’s bid and shall result in a temporary contract to provide goods and/or services until City Council, or City Manager or designee, considers and awards the contract contemplated in this solicitation. The total expenditure under the temporary contract shall not exceed $50,000. The temporary contract shall begin on the date set forth in City’s written notice and shall terminate when the total expenditure reaches $50,000, or upon subsequent written notice from City, whichever shall occur sooner. Should City Council or City Manager or designee authorize award of a contract, to Vendor pursuant to this solicitation, said award shall automatically terminate the temporary contract upon the effective date of the newly awarded contract.

During the term of the temporary contract, all goods or services shall be provided in accordance with the terms and conditions contained in this solicitation, with the exception of the Original Contract Term, which is modified as indicated above for the temporary contract.

Acceptance of Vendor’s bid for the purposes of award of a temporary contract does not constitute award of the full contract with the Original Contract Term. Such a contract may only be awarded by the San Antonio City Council by passage of an ordinance, or by the City Manager or designee as applicable. Neither does award of a temporary contract obligate City to recommend Vendor’s bid for award to the City Council, or to the City Manager or designee, or guarantee that the City Council or City Manager or designee will award the contract to Vendor.

Producer Price Index (PPI) Price Adjustment Clause.

Price Adjustments. The prices shown on the Price Schedule may be increased or decreased as follows:

Base Period for Price Adjustment. The base selling price is the price shown on the original Price Schedule submitted by Vendor with its original bid. The effective month and year of the base selling price (known as the “base period”) shall be the effective date of the month and year in which this contract is awarded.

Date for Price Adjustment. Prices may be adjusted annually (the “Price Adjustment Date”).

Version of Data for Price Adjustment. Calculations of price adjustments shall use the latest version of the PPI data published as of the Price Adjustment Date.

PPI Index for Price Adjustment. The U.S. Department of Labor, Bureau of Labor Statistics (“BLS”) Producers Price Index (“PPI”) for READY MIX CONCRETE, Series ID – WPU1333, not seasonally adjusted, shall be used by the Parties to calculate changes in price. If this index is discontinued, the Parties shall use the next, higher-level series of this index that is available. If no higher-level series of said index is available, the Parties shall negotiate a successor index. If the BLS changes the title of this index or recodes the index, it is considered the same series and requires no change by the Parties.

Official Source of Data for Price Adjustment. The parties shall use the PPI Detailed Report as the source of data for the index.

Method of Calculation for Price Adjustment. To calculate the price adjustment, the following formula shall be used.

Divide the current index value (the value as of the date stated for the price adjustment) by the index value for the base period. The resulting number is the percentage change in the index value between the current period and the base period (the “percentage change in index value”).

Multiply the base price by the percentage change in index value. The sum equals the adjusted price.

Example: (The numbers shown below are for illustration purposes only.)

Current index value at time of calculation 115.5 Divided by index for base period 110.0 Equals 1.050

Base price $1,000.00 Multiplied by the percentage change in index value 1.050 Equals adjusted price $1,050.00

The same procedure shall be followed for each adjustment authorized herein, using the current index at the time the adjustment is made and the original base period.

Limitation of Price Adjustment. In no event shall the aggregate of all price adjustments authorized herein for any given Line Item exceed 25% of the original base price for that Line Item. If the calculation results in an increased price that would exceed this limitation, the price adjustment shall be limited to a maximum price adjustment of 25% of the original base price.

Written Requests for Price Adjustments.

Timing of Requests Price adjustments are not automatic and must be requested in writing. The Vendor may not request a price adjustment during the first year of the base contract term. Thereafter, the Vendor may submit a request for a price adjustment once annually.

Submission Requirements All requests must be submitted in writing to the Finance Department, Procurement Division, and must be received at least 60 calendar days prior to the proposed effective date. This allows sufficient time for the City to review and evaluate the request. The City, at its sole discretion, may approve an earlier effective date.

City-Initiated Adjustments The City reserves the right to initiate a price adjustment in the event of falling market prices. In such cases, the City will provide the Vendor with at least 60 calendar days’ notice prior to the effective date of the adjustment.

City’s Right to Terminate If the City does not accept the Vendor’s proposed price adjustment, it may, at its sole discretion, terminate the contract for convenience.

Catalog Discount Pricing

Manufacturer Price Lists Any published price list(s) may be superseded or replaced during the contract term only if the revised list is published by the manufacturer for industry-wide use. If the Vendor’s catalog includes products from multiple manufacturers, pricing for a specific manufacturer’s products may be updated only if the manufacturer has issued a price increase for industry-wide application. The Vendor must provide documentation substantiating the price increase to the satisfaction of the City.

Revised Price List Format All revised price lists must be submitted in the same format as the original submission unless the City has approved an alternative format in writing. Price lists that are not manufacturer-issued may not be superseded or replaced during the contract period.

Discounts and Mark-Ups Any discounts or mark-ups accepted as part of the original bid shall remain fixed and are not subject to revision during the contract term.

Notice of Price Changes The Vendor must provide written notice of at least 60 calendar days in advance of any proposed price list changes.

This notice must include a detailed explanation of the changes and be submitted to the City’s Finance Department, Procurement Division. The City reserves the right, at its sole discretion, to approve an earlier effective date. If the City does not accept the proposed price adjustment, it may terminate the contract for convenience.

Incorporation by Reference All price lists submitted with the bid, as well as any City-approved revisions, are hereby incorporated into this contract by reference.

Minimum Discount Commitment The percentage discount off catalog pricing stated in the Vendor’s Price Schedule shall be considered a minimum discount. The Vendor may offer greater discounts at any time during the contract period, including but not limited to volume-based or promotional pricing.

Internal / External Catalog.

San Antonio e-Procurement System (SAePS). The City utilizes an electronic procurement system, SAePS, which is based on SAP’s Supplier Relationship Management (SRM) platform. SAePS is a secure, web-based system that enables City employees to shop from online catalogs and automatically import selected items into the procurement workflow.

Catalogs may be hosted internally within SAePS or externally on supplier websites.

SAePS Electronic Catalog Options. Vendor shall provide an electronic catalog that includes only the items awarded under this contract and reflects the pricing submitted in the Vendor’s bid. The Vendor may choose one of the following catalog integration options:

Option 1: Punch-out Catalog. Vendor shall host an external online catalog that is compliant with the Open Catalog Interface (OCI) standard and integrates with SAePS. This Punch-out Catalog must support e-commerce functionality, including catalog browsing, keyword search, and shopping cart features. Integration must allow City users to access the catalog from within SAePS, shop for items, and return the selected data electronically into the SAePS system.

Option 2. Internal Catalog. Vendor is required provide a comprehensive list of all products and services awarded under this contract in an electronic format specified by the City for upload into the City’s San Antonio’s e- Procurement system. The electronic file may be submitted via email, provided it does not exceed the City’s maximum allowable file size. If the file size exceeds this limit, the Vendor shall submit the information through an alternative method approved by the City, such as a downloadable link, secure file transfer, or other electronic means acceptable to the City.

Catalog Content. All catalogs submitted, regardless of format, must include the following minimum data elements:

• Vendor part number

• Short and long product descriptions

• Unit(s) of measure

• Pricing details, including standard contract pricing and any applicable tiered pricing

• Product classification or category

• Manufacturer name and manufacturer part number

• Relevant keywords or tags to support searchability

Time to Provide Catalog. Vendor shall provide all required catalogs within 10 business days of a request by the City, and no later than 5 business days following the date of contract award, whichever occurs first.

Catalog Updates.

If the contract permits price increases, the Vendor is responsible for providing timely catalog updates to the City, as follows:

Punch-out Catalogs: Vendor must update pricing on their website and notify the City of any changes. This notification must include a detailed explanation of the pricing updates.

Internal Catalogs: Vendor must submit an updated pricing file reflecting all changes, along with supporting details.

Insurance.

No later than 30 days before the purchase and delivery of goods/ commencement of services under this IFB, CONTRACTOR must provide a completed Certificate(s) of Insurance to CITY’s Public Works Department. The certificate must be:

• clearly labeled with the name of the contract in the Description of Operations block;

• completed by an agent and signed by a person authorized by the insurer to bind coverage on its behalf (CITY will not accept Memorandum of Insurance or Binders as proof of insurance); and

• properly endorsed and have the agent’s signature, and phone number.

Certificates may be mailed or sent via email, directly from the insurer’s authorized representative. CITY shall have no duty to pay or perform under this IFB until such certificate and endorsements have been received and approved by CITY’S Public Works Department. No officer or employee, other than CITY’S Risk Manager, shall have authority to waive this requirement.

If the City does not receive copies of insurance endorsement, then by executing this IFB, CONTRACTOR certifies and represents that its endorsements do not materially alter or diminish the insurance coverage for this contract.

The City’s Risk Manager reserves the right to modify the insurance coverages, their limits, and deductibles prior to the scheduled event or during the effective period of this Agreement based on changes in statutory law, court decisions, and changes in the insurance market which presents an increased risk exposure.

CONTRACTOR shall obtain and maintain in full force and effect for the duration of this Agreement, at CONTRACTOR’S sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best’s rating of no less than A- (VII), in the following types and for an amount not less than the amount listed below.