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AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT 2023129
PAVEMENT MARKING MATERIALS AND TRAFFIC PAINT
CITY OF MESA, Arizona (“City”)
Department Name ity 0
Mailing Address | P.
a
=|
a
Delivery Address
Mesa, AZ. Andersen, MPA, NIGP-CPP, CPPO, CPPB
Attention
Procurement Supervisor
E-Mail Brandy.Andersen@MesaAZ.qov _ -
Telephone (480) 644-6426
With a copy to: City of Mesa — Transportation
Attn: Joshua Wolfgramm, Traffic Operations Supervisor
P.O. Box 1466
Mesa, AZ 85211-1466
Joshua.Wolfgramm@MesaAZ.gov
AND
ENNIS-FLINT, INC., (“Contractor”) _ . _
Mailing Address | 4161 Piedmo t Pkwy, Suite. 370
Pi "| Greensbor 27410
.Remitto Address_ | PO Box6
"_} Charlotte, NC 28260-3518
{ Attention __} Randy Cary, Regional Sales Manager_
E-Mail _..| reary@ppg.com _
Telephone __. __ | 480-46 )
Facsimile | 336-218-6746
Page 1 of 31 Ennis-Flint, Inc.
Contract #2023129
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This agreement pursuant to Solicitation (“Agreement”) is entered into this 13" day of February, 2023, by
and between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and Ennis-Flint, Inc., a
Texas company (“Contractor”). The City and Contractor are each a “Party” to the Agreement or together
are “Parties” to the Agreement.
B.
RECITALS
The City issued Solicitation number 2023129 (‘Solicitation’) for PAVEMENT MARKING
MATERIALS AND TRAFFIC PAINT, to which Contractor provided a response (“Response”); and
The City Selected Contractor's Response as being in the best interest of the City and wishes to
engage Contractor in providing the services/materials described in the Solicitation and Response.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms & Conditions.
TERMS & CONDITIONS
Term. This Agreement is for a term beginning on February 13, 2023 and ending on February 12,
2026. The use of the word “Term” in the Agreement includes the aforementioned period as well as
any applicable extensions or renewals in accordance with this Section 1.
1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up
to a maximum of two (2) years. Any renewal(s) will be a continuation of the same terms
and conditions as in effect immediately before the expiration of the then-current term.
1.2 Extension for Procurement Processes. Upon the expiration of the Term of this
Agreement, including any renewals permitted herein, at the City’s sole discretion this
Agreement may be extended on a month-to-month basis for a maximum of six (6) months
to allow for the City’s procurement processes in the selection of a vendor to provide the
services/materials provided under this Agreement. The City will notify the Contractor in
writing of its intent to extend the Agreement at least thirty (30) calendar days before the
expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of
the same terms and conditions as in effect immediately before the expiration of the then-
current term.
1.3 Delivery. Delivery shall be made to the location(s) contained in the Scope of Work within
thirty (30) days after receipt of an order.
Scope of Work. The Contractor will provide the necessary staff, services, and associated
resources to provide the City with the services, materials, and obligations attached to this
Agreement as Exhibit A (“Scope of Work”) Contractor will be res ponsible for all costs and expenses
incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise
stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform
the Scope of Work. If set forth in Exhibit A, the City will provide Contractor's personnel with
adequate workspace and such other related facilities as may be required by Contractor to carry out
the Scope of Work.
The Agreement is based on the Solicitation and Response which are hereby incorporated by
reference into the Agreement as if written out and included herein. In addition to the requirements
specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Contractor
shall perform in accordance with all terms, conditions, specifications, and other requirements set
forth within the Solicitation and Response unless modified herein.
Page 2 of 31 Ennis-Flint, Inc.
Contract #2023129
3. Orders. Orders are placed with the Contractor by either a: (i) Purchase Order when for a one-time
purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement
Contract where multiple as-needed orders will be placed with the Contractor. The City may use
the Internet to communicate with Contractor and to place orders as permitted under this Agreement
Document Order of Precedence. In the event of any inconsistency between the terms of the
body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the
documents will control in the following order.
a. Agreement
b. Exhibits
1. Mesa Standard Terms & Conditions
2. Scope of Work
3. Other Exhibits not listed above
Cc. Solicitation including any addenda
d. Contractor Response
5. Payment.
5.1
5.2
5.3
Page 3 of 31
General. Subject to the provisions of the Agreement, the City will pay Contractor the
sum(s) described in Exhibit B (“Pricing”) in consideration of Contractor’s performance of
the Scope of Work during the Term.
Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term
except where otherwise provided in this Agreement and include all costs of the Contractor
providing the materials/service including transportation, insurance, and warranty costs. No
fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be
invoiced at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall
promptly notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and
response by the City’s Purchasing Division.
Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this Section 5.3. Requests for adjustment in the cost of labor and/or
materials must be supported by appropriate documentation. There is no guarantee the
City will accept a price adjustment therefore Contractor should be prepared for the Pricing
to be firm over the Term of the Agreement. The City is only willing to entertain price
adjustments based on an increase to Contractor's actual expenses or other reasonable
adjustments in providing the services/materials under the Agreement. If the City agrees to
the adjusted price terms, the City shall issue written approval of the change.
During the sixty (60) day period before annual Contract expiration date of the Agreement,
the Contractor may submit a written request to the City to allow an increase to the prices
in an amount not to exceed the twelve (12) month change in the Producer Price Index for
Special purpose coatings, including all marine coatings and traffic marking paints
#32551032551072, Not Seasonally Adjusted as published by the U.S. Department of
Labor, Bureau of Labor Statistics (http://Awww.bls.gov/ppi/home.htm). The City shall review
the request for adjustment and respond in writing; such response and approval shall not
be unreasonably withheld.
Ennis-Flint, Inc.
Contract #2023129
5.4
5.5
5.6
5.7
Renewal and Extension Pricing. Any extension of the Agreement will be at the same
pricing as the initial Term. If the Agreement is renewed in accordance with Section 1,
pricing may be adjusted for amounts other than inflation that represent actual costs to the
Contractor based on the mutual agreement of the parties. The Contractor may submit a
request for a price adjustment along with appropriate supporting documentation
demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the
renewal period and may be adjusted thereafter as outlined in the previous section. There
is no guarantee the City will accept a price adjustment.
Invoices. Payment will be made to Contractor following the City’s receipt of a properly
completed invoice. No terms set forth in any invoice, purchase order, or similar document
issued by Contractor will be deemed accepted by the City; the terms of the contractual
relationship between the Parties are as set forth in this Agreement. Any issues regarding
billing or invoicing must be directed to the City Department/Division requesting the service
or material from the Contractor. A properly completed invoice should contain, at a
minimum, all of the following:
Contractor name, address, and contact information;
City billing information;
City contract number as listed on the first page of the Agreement;
Invoice number and date;
Payment terms;
Date of service or delivery;
Description of materials or services provided;
If materials provided, the quantity delivered and pricing of each unit;
Applicable Taxes; and
Total amount due.
orem pao TD
Payment of Funds. Contractor acknowledges the City may, at its option and where
available use a Credit Card/Procurement Card to make payment for orders under the
Agreement with no additional charge/fee. Otherwise, payment will be through a traditional
method of a check.
Disallowed Costs, Overpayment. Ifat any time the City determines that a cost for which
payment was made to Contractor is a disallowed cost, such as an overpayment or a charge
for materials/service not in accordance with the Agreement, the City will notify Contractor
in writing of the disallowance; such notice will state the means of correction which may be,
but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the
amount of the disallowance, or to require repayment of the disallowed amount by
Contractor. Contractor will be provided with the opportunity to respond to the notice.
6. Insurance.
6.1
6.2
Page 4 of 31
Contractor must obtain and maintain at its expense throughout the term of Contractor's
agreement, at a minimum, the types and amounts of insurance set forth in this Section 6
from insurance companies authorized to do business in the State of Arizona; the insurance
must cover the materials/service to be provided by Contractor under the Agreement. For
any insurance required under the Agreement, Contractor will name the City of Mesa, its
agents, representatives, officials, volunteers, officers, elected officials, and employees as
additional insured, as evidenced by providing either an additional insured endorsement or
proper insurance policy excerpts.
Nothing in this Section 6 limits Contractor’s responsibility to the City. The insurance
requirements herein are minimum requirements for the Agreement and in no way limit any
indemnity promise(s) contained in the Agreement.
Ennis-Flint, Inc.
Contract #2023129
6.3
6.4
6.5
6.6
6.7
6.8
6.9
The City does not warrant the minimum limits contained herein are sufficient to protect
Contractor and subcontractor(s) from liabilities that might arise out of performance under
the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may
be necessary.
Each insurance policy required under the Agreement must be in effect at or before the
execution of the Agreement and remain in effect for the term of the Agreement.
Before the execution of the Agreement, Contractor will provide the City with a Certificate
of insurance (using an appropriate “ACORD” or equivalent certificate) signed by the issuer
with applicable endorsements. The City reserves the right to request additional copies of
any or all of the policies, endorsements, or notices relating thereto required under the
Agreement.
When the City requires a Certificate of Insurance to be furnished, Contractor's insurance
is primary of all other sources available. When the City is a certificate holder and/or an
additional insured, Contractor agrees no policy will expire, be canceled, or be materially
changed to affect the coverage available without advance written notice to the City.
The policies required by the Agreement must contain a waiver of transfer rights of recovery
(waiver of subrogation) against the City, its agents, representatives, officials, volunteers,
officers, elected officials, and employees for any claims arising out of the work of
Contractor.
All insurance certificates and applicable endorsements are subject to review and approval
by the City's Risk Management Division.
Types and Amounts of Insurance. Contractor must obtain and retain throughout the
term of the Agreement, at a minimum, the following:
6.9.1 Worker's compensation insurance in accordance with the provisions of Arizona
law. If Contractor operates with no employees, Contractor must provide the City
with written proof Contractor has no employees. If employees are hired during
the course of this Agreement, Contractor must procure worker's compensations
in accordance with Arizona law.
6.9.2 The Contractor shall maintain at all times during the term of this contract, a
minimum amount of $1 million per occurrence/$2 million aggregate Commercial
General Liability insurance, including Products and Contractual Liability. For
General Liability insurance, the City of Mesa, their agents, officials, volunteers,
officers, elected officials, or employees shall be named as additional insured, as
evidenced by providing an additional insured endorsement.
6.9.3 Automobile liability, bodily injury, and property damage with a limit of $1 million
per occurrence including owned, hired, and non-owned autos.
7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements
contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written
notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed
within a reasonable period of time of issuance; any such cancellation will be in writing. Should a
purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any
actual and documented costs incurred by Contractor. The City will not reimburse Contractor for
any avoidable costs incurred after the receipt of cancellation including, but not limited to, lost profits,
shipment of product, or performance of services.
Page 5 of 31
Ennis-Flint, Inc.
Contract #2023129
10.
11.
12.
13.
14.
15.
Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as
listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth
in the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C.
Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that:
a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement
or with Contractor’s undertaking of the relationship with the City;
b. Performance of the services called for by the Agreement do not and will not violate any
applicable law, rule, regulation, or any proprietary or other right of any third party;
c. Contractor will not use in the performance of Contractor’s responsibilities under the Agreement
any proprietary information or trade secret of a former employer of its employees (other than
City, if applicable); and
d. Contractor has not entered into and will not enter into any agreement, whether oral or written,
in conflict with the Agreement.
Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms
and Conditions as modified by the Parties, which are incorporated by reference into the Agreement
as though fully set forth herein. In the event of any inconsistency between the terms of the
Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will
control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms
and Conditions. The Termis referred to as the “term” in the Mesa Standard Terms and Conditions.
Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two
(2) or more counterparts, each of which will be deemed an original and all of which, taken together,
will constitute one agreement. A facsimile or other electronically delivered signature to the
Agreement will be deemed an original and binding upon the Party against whom enforcement is
sought.
Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby
incorporated by reference into the Agreement as if written out and included herein. In the event of
any inconsistency between the terms of the body of the Agreement and the Exhibits, the language
of the Agreement will control.
Exhibits to this Agreement are the following:
o (A) Scope of Work
co (B) Pricing
o (C) Mesa Standard Terms and Conditions
Attorneys’ Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled
to the recovery of its reasonable attorney's fees, court costs, and other litigation-related costs and
fees from the other Party.
Additional Acts. The Parties agree to execute promptly such other documents and to perform
such other acts as may be reasonably necessary to carry out the purpose and intent of the
Agreement.
Headings. The headings of the Agreement are for reference only and will not limit or define the
meaning of any provision of the Agreement.
Page 6 of 31 Ennis-Flint, Inc.
Contract #2023129
RESPONDENT CERTIFICATION
By submitting the Response and signing this Certification, the Respondent understands and
certifies to all of the following:
a)
b)
¢)
qd)
e)
9)
h)
i)
The information provided in Respondent's Response it true and accurate to the best of
Respondent's knowledge.
Respondent is under no legal prohibition that would prevent Respondent from contracting with the
City of Mesa.
Respondent has read and understands the Solicitation packet as a whole (including attachments,
exhibits, and referenced documents) and: (i) can attest that Respondent is in compliance with the
requirements of the Solicitation packet; and (ii) is capable of fully carrying out the requirements of
the Solicitation as set forth in Respondent's Response.
To Respondent's knowledge, Respondent and Respondent's employees have no known,
undisclosed conflicts of interest as defined by applicable law or City of Mesa Procurement Rules.
If Respondent or Respondent employees have a known conflict of interest, Respondent has
disclosed the conflict in its Response.
Respondent did not engage in any anti-competitive practices related to its Response or the
Solicitation. The prices offered by Respondent were independently developed without consultation
or collusion with any other Respondents or potential Respondents.
No gifts, payments or other consideration were made to any City employee, officer, elected official,
agent, or consultant who has or may have a role in the procurement process for the
services/materials covered by the Solicitation.
Respondent grants the City of Mesa permission to copy all parts of its Response including, without
limitation, any documents and materials copyrighted by Respondent: (i) for the City's use in
evaluating the Response; and (ii) to be disclosed in response to a public records request under
Arizona's public records law (A.R.S. § 39-121 et. seq.) or other applicable law, subpoena, or other
judicial process provided such disclosure is in accordance with City of Mesa Procurement Rule
6.13.
If a contract is awarded to Respondent as a result of the Response submitted to the Solicitation
Respondent will:
i. Provide the materials or services specified in the Response in compliance with alt
applicable federal, state, and local statutes, rules and policies;
ii. Honor all elements of the Response submitted by Respondent to the City including, but not
limited to, the price and the materials/services to be provided; and
ii. | Enter into an agreement with the City based on the terms and conditions of the Solicitation
and the Response, subject to any negotiated exceptions and terms.
Respondent is current in all obligations due to the City including any amounts owed the City and
any licenses/permits required for the general lawful conduct of business. Respondent shall acquire
all licenses/permits necessary to lawfully conduct business specific to the Solicitation prior to the
execution of a contract with the City pertaining to the Solicitation.
The signatory of this Certification is an officer or duly authorized agent of Respondent with full
power and authority to submit binding offers for the goods/services specified herein. Respondent
intends by the submission of this Certification to be bound by the terms of the Certification,
Solicitation, and Response, subject to any negotiated terms/exceptions.
ACCEPTED AND AGREED TO BY RESPONDENT:
Company Na
Signature:
D f.
Printed Name: Dane Alsabrook
Title: Director of Contract Administration
Date: 12/7/22
Page 7 of 31
Contract #2023129
V7N{2020 Required Response Forms — Page 5 of 5
Ennis-Flint, Inc.
2023129
City Acceptance of Offer
The below document will be executed when Agreement is finalized and awarded.
ACCEPTANCE OF OFFER:
The offer is hereby accepted. The Contractor is now bound to sell the materials or services specified in the
Contract, including all terms and conditions, specifications, addenda, etc. This contract shail henceforth be
referred to as Contract Number 2023129.
Edward Quedens
cn=Edward Quedens,
o=City of Mesa, 2023.
DUSBUSIMESS Services —— ,
Awarded this s
orl — Director / City of Mesa,
email=ed.quedens@mesaa
z.gov, c=US
2023.02.14 15:38:55 -07'00"
Edward Quedens, CPPO, C.P.M.
As Business Services Director
REVIEWED BY:
ay, Grancly Ancleraan 2010029
Brandy Anders€n, MPA, NIGP-CPP, CPPO, CPPB
Procurement Supervisor
Page 8 of 31 Ennis-Flint, Inc.
Contract #2023129
EXHIBITA
SCOPE OF WORK
1. SCOPE OF WORK: Contractor will provide pavement marking materials and traffic paint as
specified herein for the following groups:
e Group 1: Preformed Thermoplastic Markings
« Group 2: Waterborne Traffic Paint
The City will place orders intermittently throughout the contract period for all groups. Quantities
mentioned herein are approximate only and the City reserves the right to increase or decrease the
amounts as circumstances may require. No guarantee is made to the exact quantities of items to
be ordered. Every attempt will be made to place orders in bulk to reduce shipping costs.
Products offered must meet or exceed specifications as set forth in this bid.
The link for the American Society for Testing and Materials is provided for your reference:
http://www.astm.org/
2. ORDERING AND DELIVERY: Materials will be ordered on an as needed basis by the City of Mesa
Traffic Operations Striping Group.
e Anychanges to an order must be made in writing.
e Oral instructions made by City employees regarding written instructions concerning
drawings, colors or quantities shall not be binding. Contractor will rely solely and exclusively
on the instructions contained in original orders, order updates and attached documents that
have been emailed or faxed directly.
2.1 Delivery Requirements: All material will be palletized (as necessary) in a fashion so as to
prevent damage in transit or storage to the finished units. Contractor will include updated
Material Safety Data sheets with the shipped product(s).
2.1.1. Materials that are not received in good condition will be replaced by the Contractor
at no additional cost to the City.
2.1.2 Deliveries will not exceed thirty (30) days after receipt of an order, or date of
specific delivery request.
2.1.3 Delivery will only be accepted between the hours of 7:00 a.m. and 3:00 p.m.,
Monday through Thursday. Deliveries will not be accepted on City of Mesa
observed holidays. Contractor will notify the City at (480) 644-4565 twenty-four (24)
hours prior to an expected delivery. All items will be shipped FOB destination
freight prepaid and allowed to the City. Deliveries will be made to:
City of Mesa Striping Shop
6935 E. Decatur
Mesa, AZ 85207
2.1.4 Shipping packages will be marked with the following information:
Contractor Name
Brand Name
Color
Part Number and Description
Date of Manufacture
Page 9 of 31 Ennis-Flint, Inc.
Contract #2023129
3. INVOICING INSTRUCTIONS: Contractor is required to issue and deliver invoices and monthly
statements. All invoices will include the following information to ensure prompt payment:
a) Department Name (Transportation)
b) Department Number (F350)
c) Avalid Purchasing Authorization Number (Master Agreement — MA, Delivery Order — DO,
Purchase Order — PO, Service Contract -— SC or Contract —- CT)
All three (3) items above should be obtained from a City Representative when the order is placed.
A City employee signature accompanied by the Employee ID number is required on all delivery
tickets/slips at City yards to ensure proper receipt of goods.
Failure to comply with the above may result in delayed payment or non-payment of deliveries if City
staff cannot determine where the delivery was made.
Invoices will state the current retail price and contract price to be paid. Invoices can either be sent
through postal mail or via email.
Invoices will be mailed to:
City of Mesa
F350 — Transportation — MS2000
PO Box 1466
Mesa, AZ 85211-1466
Electronic invoices shall be emailed to:
Trans portationInvoices@MesaAZ.gov
4. TERM: This Solicitation is for awarding a firm, fixed price purchasing contract to cover a three (3)
year term.
5. RENEWALS: On the mutual written agreement of the Parties, the Term may be renewed up to a
maximum of two (2) years. Renewal(s) will be a continuation of the same terms and conditions as
in effect immediately before the expiration of the then-current term.
6. EXTENSIONS: Upon the expiration of the Term of the Agreement, including any renewals
permitted herein, at the City’s sole discretion the Agreement may be extended for a maximum of
six (6) months to allow for the City’s procurement processes in the selection of a vendor to provide
the services/materials under this Agreement. The City intends to notify the Contractor in writing of
its desire to extend the Agreement at least thirty (30) calendar days before the expiration of the
Term. Any extension will be a continuation of the same terms and conditions as in effect
immediately before the expiration of the then-current term.
7. PRICING:
a. Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term
except where otherwise provided in this Agreement and include all costs of the Contractor
providing the materials/service including transportation, insurance, and warranty costs. No
fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be
invoiced at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall
promptly notify the City of such price reductions.
Page 10 of 31 Ennis-Flint, Inc.
Contract #2023129
No price modifications will be accepted without proper request by the Contractor and
response by the City’s Purchasing Division.
Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this section. Requests for adjustment in the cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will
accept a price adjustment therefore Contractor should be prepared for the Pricing to be
firm over the Term of the Agreement. The City is only willing to entertain price adjustments
based on an increase to Contractor's actual expenses or other reasonable adjustments in
providing the services/materials under the Agreement. If the City agrees to the adjusted
price terms, the City shall issue written approval of the change.
During the sixty (60) day period before annual Contract expiration date of the Agreement,
the Contractor may submit a written request to the City to allow an increase to the prices
in an amount not to exceed the twelve (12) month change in the Producer Price Index for
Special purpose coatings, including all marine coatings and traffic marking paints
#32551032551072,Not Seasonally Adjusted as published by the U.S. Department of
Labor, Bureau of Labor Statistics (http:/Avww.bls.gov/ppi/home. htm). The City shall review
the request for adjustment and respond in writing; such response and approval shall not
be unreasonably withheld.
Renewal and Extension Pricing. Any extension of the Agreement will be at the same
pricing as the initial Term. If the Agreement is renewed in accordance with Section 6,
pricing may be adjusted for amounts other than inflation that represent actual costs to the
Contractor based on the mutual agreement of the parties. The Contractor may submit a
request for a price adjustment along with appropriate supporting documentation
demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the
renewal period and may be adjusted thereafter as outlined in the previous section. There
is no guarantee the City will accept a price adjustment.
8. TYPES AND AMOUNTS OF INSURANCE: Insurance requirements are detailed in the Agreement
document. Contractor must obtain and retain throughout the term of the Agreement, at a minimum,
the following:
a.
c.
Worker's compensation insurance in accordance with the provisions of Arizona law. If
Contractor operates with no employees, Contractor must provide the City with written proof
Contractor has no employees. If employees are hired during the course of this Agreement,
Contractor must procure worker's compensations in accordance with Arizona law.
The Contractor shall maintain at all times during the term of this contract, a minimum
amount of $1 million per occurrence/$2 million aggregate Commercial General Liability
insurance, including Products and Contractual Liability. For General Liability insurance,
the City of Mesa, their agents, officials, volunteers, officers, elected officials, or employees
shall be named as additional insured, as evidenced by providing an additional insured
endorsement.
Automobile liability, bodily injury, and property damage with a limit of $1 million per
occurrence including owned, hired, and non-owned autos.
Before the execution of the Contract, the Contractor shall provide the City with a Certificate of
Insurance (using appropriate ACORD certificate) SIGNED by the Issuer, applicable endorsements,
and the City reserves the right to request additional copies of any or all of the above policies,
endorsements, or notices relating thereto.
When the City requires a Certificate of Insurance to be furnished, the Contractor's insurance shall
be primary of all other sources available. When the City is a certificate holder, the Contractor
agrees that no policy shall expire, be canceled, or materially changed to affect the coverage
Page 11 of 31
Ennis-Flint, Inc.
Contract #2023129
available without advance written notice to the City.
“Waiver of Subrogation”. The policies required by this agreement (or contract) shall contain a
waiver of transfer rights of recovery (subrogation) against the City, its agents, representatives,
directors, elected officials, officers, employees, and volunteers for any claims arising out of the work
of Contractor.”
All insurance certificates and applicable endorsements are subject to review and approval by the
City's Risk Manager.
Page 12 of 31 Ennis-Flint, Inc.
Contract #2023129
1. TECHNICAL SPECIFICATIONS — GROUP 1: PREFORMED THERMOPLASTIC MARKINGS
1.1
1.2
1.3
Page 13 of 31
Material Requirements:
4.1.1. The preformed pavement markings must be a resilient white and yellow product
with uniformly distributed glass beads throughout the entire cross-sectional area.
Lines, legends, and symbols are to be capable of being affixed to asphalt and
concrete pavements by the use of normal heat from a propane type of torch.
4.1.2. The markings must be capable of conforming to pavement contours, breaks, and
faults through the action of traffic at normal pavement temperatures. The markings
will have resealing characteristics, including the capability of fusing with itself and
previously applied thermoplastic when heated with a torch.
4.1.3. The markings must be able to be applied with no minimum ambient or surface
temperature requirements.
1.1.4. Materials must be composed of a modified ester rosin, aggregates, pigments,
binders, and glass beads which have been factory produced as a finish product,
which shall be designed to meet the requirements of the latest edition of the Manual
on Uniform Traffic Control Devices for Streets and Highways (MUTCD)
http://mutcd.fhwa.dot.gov/, The thermoplastic material will also conform to
American Association of State Highway and Transportation Officials (AASHTO)
http://www. transportation.org, designation M249 Specifications for White and
Yellow Reflective Thermoplastic — Solid form, with the exception of the relevant
differences for the material being supplied in a performed state.
1.1.5 New pavement markings will have a uniform adequate nighttime retro-reflectivity
when installed. The pavement markings will have an average minimum retro-
reflectivity of three hundred fifty (350) millicandelas for white and two hundred (200)
millicandelas for yellow with an 88.76 degree entrance angle and a 1.05 degree
observation angle.
Graded Glass Beads:
The material must contain a minimum of thirty (30) percent graded glass beads by weight
and be uniformly distributed throughout the material. The beads will be clear and
transparent and will not consist of more than twenty (20) percent of irregular fused
spheroids, or silica. The index of refraction will not be less than 1.50. Test for roundness
will conform to American Society for Testing and Materials, ASTMD-1155 Standard Test
Method for Roundness of Glass Spheres requirements or latest revisions thereof. The
material will be supplied with factory applied surface beads at a rate of one (1) pound per
ten (10) square feet. The surface beads will have a minimum roundness of ninety (90%)
percent and refractive index of 1.50.
Pigments:
4.3.1. White: Sufficient titanium dioxide pigment will be used to ensure a color equivalent
to Federal Highway White, Docket No. FHWA-99-6190 Table 5 and Table 6 as
revised and corrected. http://mutcd.fhwa.dot.gov/kno-colorspec.htm.
1.3.2 Yellow: Sufficient yellow pigment will be used to ensure a color equivalent to
Federal Highway Yellow, Docket No. FHWA-99-6190 Table 5 and Table 6 as
revised and corrected. The yellow and pigment must be of organic origin only and
contain no lead chromate.
Ennis-Flint, Inc.
Contract #2023129
1.4
1.5
1.6
1.7
1.8
1.9
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1.3.3. Other Colors: Must use organic pigments and be heavy metal free.
Skid Resistance:
The surface of the material must provide a minimum resistance value of forty-five (45)
British Pendulum (Tester) Number (PBN) with properly applied and embedded surface
beads when tested according to ASTM E-303 Standard Test Method for Measuring Surface
Frictional Properties.
Dimensions:
4.5.1. The material must be supplied at a minimum thickness of ninety (90) mils or one
hundred twenty-five (125) mils, as ordered. The thickness measurement will
exclude the top surface beads.
1.5.2 The material must be as sized in the Federal Highway Administration (FHWA)
https://www.fhwa.dot.gov/, Standard sizes as shown in the Manual on Uniform
Traffic Control Devices (MUTCD).
Environmental Resistance:
The material must be designed for use in heavy traffic locations where maximum wear and
tear is present and resistant to deterioration due to exposure to sunlight, water, oil,
gasoline, salt or adverse weather conditions.
Application:
1.7.1. Asphalt. The materials will be applied using a propane torch method
recommended by the manufacturer. The material must be able to be applied with
no preheating of the pavement to a specific temperature. The pavement will be
clean, dry and free of debris. Supplier must enclose application instructions with
each box/ package shipped.
1.7.2. Portland Cement Concrete: The materials will be applied using the same
procedure as stated above using a compatible primer sealer before material is
installed to ensure proper adhesion. Compatible primer sealer will be available
through the Contractor.
Warranty:
There will be a minimum two (2) year guarantee/non-prorated warranty on workmanship,
material and durability under normal urban traffic conditions from date of delivery. Product
will have a one (1) year shelf life with no degradation in performance from date of delivery.
Satisfactory Performance Life:
All supplied preformed, heat-fused thermoplastic material will be considered as providing
satisfactory performance life if they do not deteriorate due to natural or environmental
causes within their material warranty period as herein specified.
Unsatisfactory performance conditions will be cause for immediate material rejections and
replacement at no cost tothe City. Consistent unsatisfactory performance may be grounds
for nonuse or cancellation of all or a portion of the contract. Unsatisfactory performance
conditions include, but are not limited to, the display of the following:
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Contract #2023129
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Contract #2023129
Bubbles, wrinkles, ripples, peeling, cracks or breaks on any portion of the applied
material greater than 1” x 1” inches in dimension. This requirement does not apply
regarding minor defects around edges or other imperfection in the material due to
failure of the asphalt or concrete substrate.
Any shrinkage
Significant visible delamination from the substrate
Significant discoloration, including clouding or chalking of the surface.
Loss of nighttime retro-reflectivity as observed at night under headlights and/or
objective measures as based on this specification and other nationally accepted
standards and practices (including FHWA’s minimum retro-reflective guidelines) will be
used by the City to judge satisfactory performance
Ennis-Flint, Inc.
1. TECHNICAL SPECIFICATIONS — GROUP 2: WATERBORNE TRAFFIC PAINT
1.1
1.2
1.3
1.4.
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Material Testing Submittals:
Contractor may be required to submit, as requested, verified testing results of materials.
At the City’s request, Contractor may also be required to supply batch samples of materials
to the City for the City to perform independent testing at its own expense. The City elects
to perform independent testing; the Department or its representative may perform any or
all of the following verification steps:
Sample raw materials and finished paint in accordance with these specifications
Test raw materials and finished paint in accordance
Inspect the manufacturing process
Take samples after the manufacturer makes final adjustments to the batch to establish
or verify performance
In case of variance to Contractor supplied testing results, the City’s tests will govern.
Quality control and Production Procedures: The producer is responsible for ensuring that
the proposed raw materials and manufacturing procedure produce a product meeting the
specification requirements. Contractor is required to maintain and may be required to
submit evidence of the following plant-specific written quality control and production
procedures to ensure product compliance with these specifications:
e Procedures for verification of raw material quality
¢ Batching procedures for ensuring mixing/batching operations are producing
homogenous traffic paint in accordance with the material specification.
Quality control procedures for verification of Departmental material requirements
Procedures for handling material failing to meet specification requirements
Procedures for handling, storage, and shipment of finished traffic paint
List of designated on-site quality contro! personnel with copies of their qualifications
and a detailed description of their quality control-related experience as related to the
inspection duties listed above
eoeee
Documentation: Contractor will maintain the following documentation, with a minimum of
one (1) year retention, available upon request to the Department.
e All quality control data for the raw materials used in the manufacture of supplied traffic
paint
e All quality control data for each batch produced
e Shipping invoices for delivery of City traffic paint
Raw Materials:
1.4.1. Substitutions:
The exact brands and types of raw materials used in the Standard are listed to
facilitate the selection of materials equal in quality, composition, and physical and
chemical behavior after aging in the finished product.
1.4.2 Specifications:
All materials required to meet federal, ASTM, or Department Specifications must
meet the latest specifications in effect on the date of the Request for Bids.
Ennis-Flint, Inc.
Contract #2023129
1.4.3 Approved Pigments:
Titanium Dioxide—ASTM D 476, Type II V, VI, VII
Yellow Pigment—As specifiedin Table 1
Calcium Carbonate—ASTM D 1199, Type GC, Grade |, with minimum 95%
CaCO3
e Type PC, minimum 98% CaCO3
Table 1
Yellow Pigment
Requirements
Yellow Pigment Cl 65 (Reddish Yellow)
Specific Gravity 1.40 to 1.76
Oil Absorption 20 to 30%
Moisture 0.5% Max
Pigment Retained on #325 Sieve 0.1% Max
C.|. Number 11740
Heat Stability 266°F Min
1.4.4 Approved Acrylic Resin Emulsions:
e Dow Fastrack HD-21
e Arkema DT-400
Acrylic resin emulsions must meet the requirements listed in Table 2
Table 2
Acrylic Resin Emulsions
Requirement
Solids Content, % 48.5-51.5
Viscosity, #2 Spindle, 60 RPM, 25°C, cps 250 Max
pH 10.0-10.6
Film Appearance, 3 mil dry Smooth, clear, continuous
1.5
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Finished Paint:
1.5.1 Requirements
Total Percent Solids — 77% +/- 2%
Total White pigment per gallon — 7.4 to 8.7 pounds
Total Yellow pigment per gallon — 7.4 to 8.1 pounds
Grind ASTM D 1210, Standard Test Method for Fineness of Dispersion of
Pigment-Vehicle Systems by Hegman-Type Gage— 3 minimum, 5 maximum
e Viscosity—80-90 KU 77 +/- 1, ASTM D 562, Standard Test Method for
Consistency of Paints Measuring Krebs Unit (KU) Viscosity Using a Stormer-
Type Viscometer
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Contract #2023129
1.6
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e = =pH—9.6 minimum
e — Skinning—none within 48 hr.
e Dry Timeto No-Pick-Up, per ASTM D 711, Standard Test Method for No-Pick-
Up Time of Traffic Paint (no Beads) — 10 min. max.
e Film Appearance—a 15 mil drawdown must exhibit a uniform film appearance
with no apparent cracking
¢ Directional Reflectance, ASTM E1347 Standard Test Method for Color and
Color-Difference Measurement by Tristimulus Colorimetry Reflectance, for the
white paint shall be a Minimum of 85. Reflectance for the yellow paint may
range from 42 to 59, inclusive
e V.O.C. Less than 150 grams/liter
e Dry Timetoano-track condition in five minutes or less when the line is crossed
over in a passing maneuver with a standard-sized automobile when applied at
a 15 mils wet film thickness in the field at ambient temperatures of 50 to 100
degrees F with a paint spray temperature of 150 degrees F, maximum, and six
to eight pounds of post-applied glass beads per gallon of paint.
e Non-High Build Traffic Paint in white, red and black (as listed in the line items)
shall be capable of meeting Arizona specifications as well as federal
specification TT-P-1952E type 1 and 2
The remainder of the paint composition will be determined by the manufacturer —
within the constraints of the requirements above. No glass beads or sand will be
permitted in the paint formulations. In addition to being essentially lead and
chromium-free, the paint will not contain any hazardous materials at levels that
would cause the paint (when dry) to be classified as a hazardous waste.
1.5.2 — Filling Instructions:
e Buckets must be filled at 4.95 gal., by weight, with a water float of 0.05 gal.
e Bulk containers must be filled to the proper target weight of the tote. The target
weight is determined by the following formula: (Final Fill Volume - Float) X
(Weight per Gallon of the specific paint being packaged). The pH of the float
water must be between 10.0 and 10.5.
Shipped Products: It will be the manufacturer's responsibility to produce a pigmented
waterborne traffic paint containing the necessary: co-solvents, dispersants, preservatives,
wetting agents and all other additives so that the paint will retain its viscosity, stabilityand
all other properties as specified herein.
The finished product must maintain a minimum shelf life of one (1) year from date of receipt,
provided the product is stored in a shelter or out of direct sunlight and freezing
temperatures. Ordered paint will be no more than ninety (90) days old (based on date of
manufacture) upon delivery.
The paint, as received, will show no evidence of biological growth, corrosion of the
container, or hard setting. The paint will be returned to a smooth and homogenous
consistency, whichis free from: gel structures, persistent foam or air bubbles — using only
hand mixing. Settled pigment will be easily re-dispersed, with a minimum of resistance to
the sideways manual motion of the paddle across the bottom of the container. If the paint
cannot be easily re-dispersed, due to excessive pigment settlement or any other cause,
then the paint will be considered unfit for use. Contractor will be responsible for all costs
and transportation charges incurred in replacing paint that is unfit for use.
Ennis-Flint, Inc.
Contract #2023129
1.7 Containers and Markings: Contractor will ship the finish products in suitable, strong, well-
sealed containers that meet specifications and federal requirements and are sufficiently
sturdy to withstand normal shipping and handling. All shipping containers must comply
with Code of Federal Regulations, Title 49 and all other applicable Federal and State
Regulations governing their use. The containers and lids must be lined with a suitable
coating so as to prevent attack by the paint or agents in the airspace above the paint. The
lining must not come off the container or lid as skins. Lids with bungholes shall not be
used. All containers will be properly sealed with suitable gaskets and will show no evidence
of leakage and will remain in a satisfactory condition for a period of twelve (12) months
after delivery. Contractor will be held responsible for replacing containers unfit for use and
will be responsible for all costs and transportation charges incurred in replacing paint and
containers. All containers will be palletized, banded for shipment and packaged so that all
items can be safely handled by a forklift truck for the ease of unloading the containers.
Supplier will accept return of empty barrels and totes at the City’s facility with no additional
charge to the City. A tote deposit may not be charged.
1.7.1 Bucket Requirements: Contractor will provide new non-leaking five (5) gallon high-
density polyethylene (HDPE) buckets conforming to UN 1H2.
4.7.2 Bulk Container Requirements: When 946-liter (250-gal.) bulk containers are
specified, they will be an industry standard type bulk paint container that meets all
of the following requirements:
e Tank volumes are estimated, and Contractor will allow a 19-liter headspace for
expansion of the paint
Top openings; 46 cm diameter manhole and 15 cm diameter fill cap/viewport
Bottom outlet; 5 cm I.D. full flow non-restrictive valve with outlet guard
Outlet to have 'Ever-Tite’ or compatible quick coupler
Capable of being stacked two (2) high when full
Capable of being lifted by forklift when full
Top of tank shall be equipped with one (1) vacuum relief valve and one (1)
pressure relief valve
4.7.3. Markings: Contractor will label the finished product containers and cases with a
durable label, legibly printed with the following:
“City of Mesa”
Name and designation of the product
Requisition Number
Batch Number
Manufacturing date (month and year)
Gross Weight
Manufacturer's Name
Contractor will label the sides of containers and cases. Labels must be sufficiently
moisture resistant to withstand outdoor storage for a minimum of one (1) year.
After palletizing the finished product, Contractor will place the containers with the
labels facing to the outside for easy identification. Once properly labeled, do not
modify or change the label in any manner without specific approval.
1.8 Hazardous Materials: For all items that involve hazardous materials:
Contractor will furnish updated Material Safety Data Sheets on all chemicals and hazardous
materials specifying the generic and trade name of product, product specification, and full
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Contract #2023129
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hazard information, including receiving and storage hazards. Instructions, special
equipment needed for handing, information on approved containers, and instructions for
the disposal of the material are also required.
The MSDS, instructions and information required must be included with each shipment
under the contract and shall comply with OSHA’s Hazard Communication Standard 29 CFR
§ 1910.1200.
All products are to conform to the Federal Clean Air Act Amendment of 1990. Volatile
Organic Content will be below 150 grams per liter. All products are free of lead, chrome
and other heavy or toxic metals. Consult MSDS for additional safety and regulatory
information.
Ennis-Flint, Inc.
Contract #2023129