INVITATION FOR BID

IFB-26-0348

THERMOPLASTIC PAVEMENT MARKING RAW

MATERIAL

CITY OF PHOENIX

FINANCE CENTRAL PROCUREMENT

251 W WASHINGTON ST., 8TH FLOOR

PHOENIX, AZ

85003

RELEASE DATE: June 26, 2026

DEADLINE FOR QUESTIONS: July 7, 2026

RESPONSE DEADLINE: July 17, 2026, 2:00 pm

City of Phoenix

INVITATION FOR BID

IFB-26-0348

Thermoplastic Pavement Marking Raw Material

1. INTRODUCTION

2. INSTRUCTIONS

3. SCOPE OF WORK

4. EVALUATION PROCESS

5. STANDARD TERMS AND CONDITIONS

6. SPECIAL TERMS AND CONDITIONS

7. DEFENSE AND INDEMNIFICATION

8. INSURANCE REQUIREMENTS

9. SUBMITTALS

10. PRICING PROPOSAL

Attachments:

A - Acceptance of Offer Form 2026

Invitation For Bid #IFB-26-0348 Title: Thermoplastic Pavement Marking Raw Material

1. Introduction

1.1. Contact Information

Kate Arnold

Finance Central Procurement

Email: kate.arnold@phoenix.gov

Phone: (602) 534-9608

1.2. Schedule of Events

The City reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit. All times in the Schedule of Events are

Local Phoenix, AZ Time.

To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Kate Arnold) at (602) 534-9608/Voice or 711/TTY, or kate.arnold@phoenix.gov, no later than five (5) business days prior to the meeting.

Solicitation Issue Date: June 26, 2026

Pre-Offer Conference (Non-Mandatory): July 2, 2026, 11:00am

Meeting link:

https://cityofphoenix.webex.com/cityofphoen ix/j.php?MTID=m8fc980c7811249f5223b66

05faead5a2

Meeting number: 2336 871 5131

Meeting password: 2FrJjPgDw24

Written Inquiries Due Date: July 7, 2026, 2:00pm

Offer Due Date: July 17, 2026, 2:00pm https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m8fc980c7811249f5223b6605faead5a2

2. Instructions

2.1. Description – Statement of Need

The City of Phoenix invites sealed offers for thermoplastic pavement marking raw material.

The Effective Date of this Agreement will be upon final signature and recording by the City

Clerk’s department.

The Commencement Date of this Agreement will be upon February 15, 2027 or the Effective

Date, whichever is later.

The term of this Agreement will be for five years, beginning on the Commencement Date, with no options to extend.

This solicitation is available through the City’s Procurement Portal. For technical support issues related to the City's Procurement Portal, Offeror may use the support bubble on the bottom right, or email procurement-support@opengov.com for any assistance. For other issues related to this solicitation please contact the procurement officer listed under Contact Information.

Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement.

2.2. Preparation of Offer

All forms provided must be completed and submitted with the Offer. The signed and completed

Conflict of Interest and Transparency form must be included or your Offer may be deemed non-responsive.

It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the Offer must be initialed in original ink by the authorized person signing the

Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time.

The City is not responsible for Offeror’s errors or omissions.

All time periods stated as a number of days will be calendar days.

It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Offerors are strongly encouraged to:

A. Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.

B. Study and carefully correlate Offeror’s knowledge and observations with the solicitation and other related data.

C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in or between the solicitation and other related documents.

mailto:procurement-support@opengov.com

D. The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Offeror is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.

E. Offerors are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Offers offering less than any minimum specifications or criteria specified are not responsive and should not be submitted.

F. Offer responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the

City’s use to evaluate the products offered. Offers submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered.

G. Prices will be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price will prevail unless obviously in error.

2.3. Fixed Offer Price Period

All offers shall be firm and fixed for a period of 180 calendar days from the solicitation opening date.

2.4. Delivery

Delivery is an important consideration and will be a factor in determining the award. A delivery time after receipt of order (ARO) must be stated in definite terms. Should there be variations in delivery times by item, the submittal should be clear concerning these variations.

2.5. Obtaining a Copy of the Solicitation and Addenda

Interested Offerors may download the complete solicitation and addenda from the City's

Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/265754. Any interested Offerors without internet access may obtain this solicitation by calling the

Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Finance Department, Central Procurement Division, 251 W Washington Street, 8th Floor, Phoenix, AZ 85003. It is the Offeror’s responsibility to check the City's Procurement Portal, read the entire solicitation, and verify all required information is submitted with their Offer.

2.6. Exceptions

Offeror must not take any exceptions to any terms, conditions or material requirements of this solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City’s sole discretion. Offerors must conform to all the https://procurement.opengov.com/portal/phoenix/projects/265754 requirements specified in the solicitation. The City encourages Offerors to send inquiries to the

Procurement Officer rather than including exceptions in their Offer.

2.7. Inquiries

All questions that arise relating to this solicitation should be directed via City’s Procurement

Portal and must be received by the due date indicated in the Schedule of Events. The City will not consider questions received after the deadline.

No informal contact initiated by Offerors on the proposed service will be allowed with members of City’s staff from date of distribution of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing.

The Procurement Officer will answer written inquiries in an addendum and publish any addenda on the City’s Procurement Portal.

2.8. Addenda

The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda through the City's

Procurement Portal.

Changes to terms and conditions of the Solicitation and resulting Agreement made pursuant to an addendum shall be memorialized in the Solicitation and resulting Agreement document. To that end, a parenthetical will be added to applicable provision(s) referencing the addendum that imposed the change. The language in the final provision will reflect the updated version.

2.9. Licenses

If required by law for the operation of the business or work related to this Offer, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.

2.10. Certifications

By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies:

• The submission of the Offer did not involve collusion or other anti-competitive practices.

• The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law.

• The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer.

2.11. Submission of Offer

Offers must be in possession of the Department on or prior to the exact time and date indicated in the Schedule of Events. Late offers will not be considered. The prevailing clock will be the

City Department’s clock.

Offers should be submitted electronically via the City’s Procurement Portal by clicking on “Draft

Response” via https://procurement.opengov.com/portal/phoenix/projects/265754. Offerors that are unable to submit electronically should contact the Procurement Officer to discuss the logistics of hard copy submittals. Offerors must be registered with OpenGov by signing up via https://procurement.opengov.com/signup. Vendor training guides can be found at: https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

Any original documents (such as bonds, guaranties, powers of attorney), if required by the solicitation, must be separately delivered to and received by the City on or prior to the exact time and date indicated in the Schedule of Events, with a clear indication of the Offer for which it is attributed.

It is the responsibility of the Offeror to ensure that the Offer is timely and to confirm that there are no technical reasons that any offer submitted electronically may be delayed. The date and time on the upload as received/stamped by the City’s Procurement Portal will provide proof of submission and verification whether the Offer was received on or prior to the exact time and date indicated in the Schedule of Events.

For assistance with submittals, vendors are welcome to use the OpenGov support chat (blue chat bubble in the bottom right corner) to connect with a member of OpenGov's support team who will be able to assist you with your submission.

Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your offer may be deemed non-responsive if your offer is supplied utilizing these services.

2.12. Withdrawal of Offer

At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Offer by clicking “Unsubmit Response” on the Offer submission via the City’s

Procurement Portal.

2.13. Offer Results

Offers will be opened on the offer due date, time and location indicated in the Schedule of

Events, at which time the name of each Offeror, and the prices may be read. Offers and other information received in response to the solicitation will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation.

Offers are not available for public inspection until after the City has posted the award recommendation on the City's Procurement Portal.

The City will post a preliminary offer tabulation on the City's Procurement Portal:

https://procurement.opengov.com/portal/phoenix/projects/265754 within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the City's Procurement Portal. By signing and submitting its Offer, each

Offeror agrees that this posting of the award recommendation to the City's Procurement Portal effectively serves as the Offeror’s receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful Offerors.

https://procurement.opengov.com/portal/phoenix/projects/265754 https://procurement.opengov.com/signup https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed https://procurement.opengov.com/portal/phoenix/projects/265754

2.14. Pre-Award Qualifications

Offeror must have been in operation a minimum of five years. The Offeror’s normal business activity during the past five years will have been for providing the goods or services in this solicitation.

2.15. Certificates of Insurance

Upon notification of a recommended award, the Offeror will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the

Insurance Requirements of this solicitation. Insurance requirements are non-negotiable.

2.16. Award of Contract

Unless otherwise indicated, award(s) will be made to responsive, responsible Offeror(s) who are regularly established in the service, or providing the goods, contained in this solicitation and who have demonstrated the ability to perform in an acceptable manner.

A. Factors that may be considered by the City include:

1. Technical capability of the Offeror to accomplish the scope of work required in the

Solicitation. This may include performance history on past and current government or industrial contracts; and,

2. Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and,

3. Safety record; and,

4. Offeror history of complaints and termination for convenience or cause.

B. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation.

C. A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Offers do not become contracts until they are executed by the Chief Procurement Officer or Department

Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment.

2.17. Solicitation Transparency Policy

Commencing on the date and time a solicitation is published, potential or actual Offerors or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City

Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the

Procurement Officer of the City’s intent to reissue the same or similar solicitation.

As long as the solicitation is not discussed, Offerors may continue to conduct business with the

City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not discuss the solicitation with any City employees or evaluation panel members.

Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement

Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.

With respect to the selection of the successful Offerors, the City Manager and/or City Manager's

Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or

City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors.

This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS THAT

VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.

“To discuss” means any contact by the Offeror, regardless of whether the City responds to the contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.

2.18. Protest Process

Offeror may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid.

Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest.

Offeror may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Offeror was notified of the adverse determination.

Offeror may protest an award recommendation if the Offeror can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City will post recommendations on the City’s Procurement Portal to award the contract(s) to an Offeror(s). Offeror must submit award protests within seven days after the posting of the award recommendation, with exceptions only for good cause shown, within the

City’s full and final discretion.

All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following:

• Identification of the solicitation number;

• The name, address and telephone number of the protester;

• A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;

• The form of relief requested; and

• The signature of the protester or its authorized representative.

The Procurement Officer will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is complete. All protests and appeals must be submitted in accordance with the

City’s Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the

Procurement Officer.

2.19. Public Record

All Offers submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law. If an

Offeror believes that a specific section of its Offer response is confidential, the Offeror will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offeror may request specific information contained within its Offer is treated by the

Procurement Officer as confidential provided the Offeror clearly labels the information

“confidential.” To the extent necessary for the evaluation process, information marked as

“confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the

Offerors as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the

Offeror in writing of any request to view any portion of its Offer marked “confidential.” The

Offeror will have the time set forth in the notice to obtain a court order enjoining such disclosure.

If the Offeror does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection.

2.20. Late Offers

Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the

Offeror that its Offer was disqualified for being a late Offer.

2.21. Right to Disqualify

The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data or information available to the

City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Offeror waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified

Offeror.

2.22. Contract Award

In accordance with the City of Phoenix Code, Chapter 43, Section 43-12, Competitive Sealed

Bidding, award(s) shall be made to the lowest responsive and responsible offeror(s) whose offer conforms in all material respects to the requirements set forth in this solicitation. The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to award multiple contracts.

2.23. Determining Responsiveness and Responsibility

Offers will be reviewed for documentation of any required minimum qualifications, and completeness and compliance with the solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility.

Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Offers will render an Offer nonresponsive.

Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by the Offeror, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the Offeror be a responsible Offeror. Responsibility includes the Offeror’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed.

2.24. Equal Low Offer

Contract award will be made by putting the names of the tied vendors in a cup for a blind drawing limited to those bidders with tied offers. If time permits, the offerors involved will be given an opportunity to attend the drawing. The drawing will be witnessed by at least three persons, and the contract file will contain the names and addresses of the witnesses.

3. Scope of Work

3.1. Overview

Contractor shall provide the City of Phoenix with Thermoplastic Pavement Marking Raw

Materials for a five-year period.

This scope of work governs the materials, composition, quality, sampling, and testing of thermoplastic materials utilized in its application to the roadway surface.

3.2. Materials

A. General Requirements - The thermoplastic reflectorized material shall consist of a mixture of binder, white or yellow pigment, glass spheres, filler, and other materials in granular and/or pelletized form specifically compounded for pavement stripes, and markings that is applied to the pavement in a molten state. Upon cooling to normal pavement temperature, this material shall produce an adherent reflectorized stripe or marking of specified thickness capable of resisting deformation. Certificates of

Compliance conforming to the requirements found in Subsection 4.5 shall be submitted.

Upon application to the pavement, the thermoplastic material shall be sufficiently tack-free to carry traffic; in not more than 2 minutes when the pavement surface temperature is 50º- 60º F, and in not more than 10 minutes when the pavement surface temperature is 130º F.

B. Composition - All thermoplastic material shall be free from; lead, chromium, cadmium, barium and other toxic metals. The thermoplastic composition shall conform to the following requirements:

Percent by

Weight:

White Yellow

Binder 18-26 18-26

Titanium dioxide (Rutile) 10-15 N/A

Reflective glass spheres 30-40 30-40

Calcium carbonate or equivalent filler 20-40 25-45

Yellow pigment N/A 1.5 minimum

The ingredients of the thermoplastic composition shall be thoroughly mixed and in a free-flowing granular or pelletized form. The material shall readily melt into a uniform mixture and be free from all skins, dirt, foreign objects or any other ingredient which would cause bleeding, staining or discoloration when applied to the bituminous and Portland cement concrete pavement. The thermoplastic shall be one of the following two types of binder composition: Hydrocarbon, consisting mainly of synthetic petroleum hydrocarbon resins with appropriate fillers and pigments. Alkyd, consisting mainly of maleic modified glycerol ester of tall oil resin for the binder.

A. Reflective Glass Beads - In addition to incorporating glass beads in the thermoplastic mix, glass beads shall be applied to the surface of the molten material at a uniform rate of a least 7-1/2 pounds of glass beads per 100 square feet of line (0.5 kilogram per square meter) (300 feet (10 meters) of 4-inch (100 millimeter) stripe).

B. Filler - The filler shall be a white calcium carbonate or equivalent filler with a compressive strength of at least 5,000 pounds per square inch (34 megapascals).

C. Titanium Dioxides - Titanium dioxide shall conform to the requirements of ASTM D 476 for Type II (Rutile). The titanium dioxide content will be determined using ASTM

Designations; D 5380 and E 1621. White thermoplastic must meet the Retro reflectivity requirement when applied with drop-on glass beads.

D. Yellow Pigment - Lead-Free (L/F) yellow thermoplastic pigment shall contain proper amounts of yellow pigment and other materials to produce a yellow material that has a weather fast and heat stable yellow color which meets the; Yellow Color, Reflectance, Color Stability (Accelerated Weathering) and Retro reflectivity requirements as stated in the Manual of Uniform Traffic Control Devices. Other pigments may be added to achieve their color requirements. The L/F yellow thermoplastic material shall appear yellow during both daytime and nighttime conditions.

3.3. Physical Characteristics of the Composition

A. General Requirements

1. The thermoplastic material shall not exude fumes which are toxic or injurious when heated to the temperature range specified by the manufacturer for application.

2. The material shall remain stable when held for 4 hours at this temperature, or when subjected to 4 re-heatings, not exceeding a total of 4 hours, after cooling to ambient temperature.

3. The temperature viscosity characteristics of the plastic material shall remain constant throughout the re-heatings and shall show like characteristics from batch to batch.

4. There shall be no obvious change in color of the thermoplastic material as a result of reheating, and the color of the material shall not vary from batch to batch.

B. Color

1. The thermoplastic material, after heating for four hours ± five minutes at 425º F ± 3º

F and cooled to 77º ± 3º F, shall meet the following:

a. White: Daylight reflectance at 45 degrees - 0 degrees shall be 75 percent minimum. The color shall match Federal Test Standard Number 595, Color Chip

No. 17925.

b. Yellow: Daylight reflectance at 45 degrees - 0 degrees shall be 45 percent minimum. The color shall match Federal Test Standard Number 595, Color Chip

No. 13538.

C. Retro Reflectance - The white and yellow thermoplastic materials shall have the following minimum retro reflectance values at 86.5º illumination angle and 1.5º observation angle as measured by a Microlux 212 portable retro-reflectometer or similar device within 30 days after application to the roadway surface:

Color Retro Reflectance (Millicandelas/m²/lux)

White 200

Yellow 150

A. Water Absorption and Specific Gravity - The thermoplastic material shall not exceed

0.5 percent by weight of retained water when tested in accordance with the requirements of ASTM D 570. The specific gravity of the material, as determined by Section 16 of

AASHTO T 250, shall be between 1.85 and 2.15

B. Bond Strength - After heating the thermoplastic material for four hours ± five minutes at

425º F ± 3º F, the bond strength to Portland cement concrete shall be not less than 173

PSI (1.2 megapascals). The bond strength shall be determined in accordance with the procedures specified in Section 7 of AASHTO T 250.

C. Cracking Resistance at Low Temperature - After heating the thermoplastic material for four hours ± five minutes at 425º F ± 3º F, applying to concrete blocks, and cooling to

15º F ± 3º F, the material shall show no cracks when observed from a distance exceeding 1 foot. Testing for low temperature crack resistance shall be in accordance with the procedures specified in Section 8 of AASHTO T 250.

D. Impact Resistance - After heating the thermoplastic material for four hours ± five minutes at 425º F ± 3º F, and forming test specimens, the impact resistance shall be not less than 10 inch-pounds when tested in accordance with Section 9 of AASHTO T 250.

E. Softening Point - After heating the thermoplastic material for four hours ± five minutes at 425º F ± 3º F and testing in accordance with ASTM D 36, the thermoplastic materials shall have a softening point of 215º F ± 15º F.

F. Flowability - After heating the thermoplastic material for four hours ± five minutes at

425º F ± 3º F and testing for flowability in accordance with Section 6 of AASHTO T 250, the white thermoplastic shall have a maximum percent residue of 18 and the yellow thermoplastic shall have a maximum percent residue of 12.

G. Yellowness Index - The white thermoplastic materials shall not exceed a yellowness index of 0.12 when tested in accordance with Section 4 of AASHTO T 250.

H. Flowability (Extended Heating) - After heating the thermoplastic material for eight hours ± ½ hours at 425º F ± 3º F, with stirring the last six hours, and testing for flowability in accordance with Section 12 of AASHTO T 250, the thermoplastic shall have a maximum percent residue of 28.

I. Abrasive Resistance - The abrasion resistance of the thermoplastic material shall be determined by forming a representative lot of the materials at a thickness of 1/8-inch on a 4-inch by 4-inch square monel panel (thickness 0.05 inch ± 0.001 inch), on which a suitable primer has been previously applied, and subjecting it to 200 revolutions on a

Taber Abraser at 77º F, using H-22 calibrated wheels weighted at ½ pound (250 grams).

The wearing surface shall be kept wet with distilled water throughout the test. The maximum loss of thermoplastic material shall be 0.5 grams.

J. Flash Point - The thermoplastic material shall have a flash point not less than 475º F when tested in accordance with the requirements of ASTM D 92.

K. Storage Life - The materials shall meet the requirement of this specification for a period of one year from the date of manufacture. The thermoplastic must also melt uniformly with no evidence of skeins or unmelted particles for this one-year period. Any material which does not meet the above requirements, at the time of application, shall be replaced by the contractor at no additional charge to the Department.

3.4. Packaging

A. Granular or Pelletized Form - The thermoplastic material shall be packaged in meltable bags which are compatible with the thermoplastic and which weigh approximately 50 lbs.

when filled. The containers must have sufficient strength and be properly sealed to prevent breakage and leakage during normal handling. The bags shall be shrink-wrapped to reduce shifting of the bags on the pallet as specified on the contract or purchase order.

B. Palletizing - Each pallet shall be loaded with forty (40) bags – (one ton). Bags shall be stacked on the pallets to a nominally flat top surface to facilitate handling and storage.

An appropriately sized pallet pad made of chipboard (minimum thickness = 0.022 inch) shall be placed on the pallet before stacking of bags of thermoplastic onto the pallet.

C. Broken Bags - F.O.B. destination shall be returned to the supplier at the supplier’s expense. If the supplier does not elect to have the broken bags of thermoplastic material returned, it may elect to arrange for other disposal at the supplier’s expense. In addition, the supplier is required to replace the quantity of order arriving F.O.B. destination in broken bags within fourteen (14) days of notification.

D. Markings - Each individual unit of product shall be labeled. This label shall include:

color, type of binder, manufacturer’s name and address, date of manufacture and batch number. Additionally, each bag shall be labeled with the production lot, bag weight, safety information, temperature to be heated and recommended shelf life. Lead-free yellow materials shall be marked “Lead-Free”. All markings on the gaylord or other container(s) shall be legible and permanent. Markings shall not smear or rub-off container. Containers failing to meet marking requirements will not be accepted. The containers and labeling shall meet all applicable US Department of Transportation and

Interstate Commerce Commission regulations. Concerning the contents, each container shall be labeled with all applicable warnings or precautions as are required by; Local, State and Federal laws and requirements.

E. Certificates of Compliance - The manufacturer of thermoplastic materials shall furnish the department’s Engineer with a Certificate of Compliance. The Certificate shall also include a list, by title and section; of all applicable State and Federal packaging and labeling laws and a statement that all requirements have been met. Upon request of the

City, samples of material will be sent to the Transportation Laboratory for testing. Each such delivery of thermoplastic sample will include a copy of the applicable Certificate of

Compliance.

F. Material Safety Data Sheets - The manufacturer shall provide Material Safety Data

Sheets (MSDS) with each delivery of thermoplastic. The MSDS shall include health hazard information on the material when it is heated to application temperature (425º F).

3.5. Delivery

Contractor to deliver material within 30 days upon receipt of order.

4. Standard Terms and Conditions

4.1. Definition of Key Words Used in the Solicitation

Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of Offer as non-responsive.

Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the Offer without the information.

May: Indicates something that is not mandatory but permissible.

For purposes of this solicitation, the following definitions will apply:

“A.R.S.” Arizona Revised Statute

“Buyer” or “Procurement Officer” City of Phoenix staff person responsible for the solicitation.

The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the

Contractor's performance under this contract.

"City" The City of Phoenix

"Contractor" The individual, partnership, or corporation who, as a result of the competitive process, is awarded a contract by the City of Phoenix.

"Contract” or “Agreement" The legal agreement executed between the City of Phoenix, AZ and the Contractor.

“Days” Means calendar days unless otherwise specified.

“Chief Procurement Officer” The contracting authority for the City of Phoenix, AZ, authorized to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.

“Employer” Any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and employs one or more employees in this state.

Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses contract labor. (A.R.S. 23-211).

“Offer” Means a response from a Supplier, Contractor, or Service Provider to a solicitation request that, if awarded, binds the Supplier, Contractor, or Service Provider to perform in accordance with the contract. Same as bid, proposal, quotation or tender.

“Offeror” Any Vendor, Seller or Supplier submitting a competitive offer in response to a solicitation from the City. Same as Bidder or Proposer.

“Solicitation” Means an Invitation for Bid (IFB), Request for Proposal (RFP), Request for

Quotations (RFQ), Request for Qualifications (RFQu) and request for sealed Offers, or any other type of formal procurement which the City makes public through advertising, mailings, or some other method of communication. It is the process by which the City seeks information, proposals, Offers, or quotes from suppliers.

“Suppliers” Firms, entities or individuals furnishing goods or services to the City.

“Vendor or Seller” A seller of goods or services.

4.2. City’s Vendor Self-Registration and Notification

Vendors must be registered in the City’s Procurement Portal at https://procurement.opengov.com/portal/phoenix to respond to solicitations and access procurement information.

Vendors are required to register in the City’s procurePHX Self-Registration System

(https://eprocurement.phoenix.gov/irj/portal) prior to contract execution. Registration is not required at the time of offer submission. However, the City will not execute a contract with any awarded vendor until registration is complete.

4.3. Business in Arizona

The City will not enter contracts with Offerors (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation

Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the City.

4.4. Contract Interpretation

A. Applicable Law: This Contract will be governed by the law of the State of Arizona, and suits pertaining to this Contract will be brought only in Federal or State courts in

Maricopa County, State of Arizona.

B. Contract Order of Precedence: In the event of a conflict in the provisions of the

Contract, as accepted by the City and as they may be amended, the following will prevail in the order set forth below:

1. Federal terms and conditions, if any

2. Special terms and conditions

3. Standard terms and conditions

4. Amendments

5. Statement or scope of work

6. Specifications

7. Attachments

8. Exhibits

9. Instructions to Contractors

10. Other documents referenced or included in the Solicitation

C. Organization – Employment Disclaimer: The Agreement resulting hereunder is not intended to constitute, create, give rise to or otherwise recognize a joint venture https://procurement.opengov.com/portal/phoenix https://eprocurement.phoenix.gov/irj/portal agreement or relationship, partnership or formal business organization of any kind, and the rights and obligations of the parties will be only those expressly set forth in the agreement. The parties agree that no persons supplied by the Contractor in the performance of Contractor’s obligations under the agreement are considered to be City’s employees and that no rights of City civil service, retirement or personnel rules accrue to such persons. The Contractor will have total responsibility for all salaries, wage bonuses, retirement, withholdings, workmen’s compensation, occupational disease compensation, unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons, and will save and hold the City harmless with respect thereto.

D. Severability: The provisions of this Contract are severable to the extent that any provision or application held to be invalid will not affect any other provision or application of the contract which may remain in effect without the invalid provision or application.

E. Non-Waiver of Liability: The City of Phoenix as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law.

F. Parol Evidence: This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage in the trade will be relevant to supplement or explain any term used in this Contract.

Acceptance or acquiescence in a course of performance rendered under this contract will not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.

4.5. Contract Administration and Operation

A. Records: All books, accounts, reports, files and other records relating to the contract will be subject at all reasonable times to inspection and audit by the City for five years after completion of the contract. Such records will be produced at a City of Phoenix office as designated by the City. Confidentiality will be maintained, and City will not violate any proprietary or other confidentiality agreements Contractor has in place.

B. Discrimination Prohibited: Contractor agrees to abide by the provisions of the Phoenix

City Code Chapter 18, Article V as amended. Any Contractor, in performing under this contract, will not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age or disability nor otherwise commit an unfair employment practice. The supplier and/or lessee will take action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, or national origin, age or disability and adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed within the same establishment under similar working conditions. Such action will include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The supplier further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-contractor agreements or subleases of this agreement entered into by supplier/lessee.

C. Equal Employment Opportunity and Pay: In order to do business with the City, Contractor must comply with Phoenix City Code, 1969, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements. Contractor will direct any questions in regard to these requirements to the Equal Opportunity Department, (602)

262-6790.

1. For a Contractor with 35 employees or fewer: Contractor in performing under this

Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training;

including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts related to this Agreement that involve furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this Agreement. Contractor further agrees that this clause will be incorporated in all subcontracts, Contractor agreements or subleases of this agreement entered into by supplier/lessee.

2. For a Contractor with more than 35 employees: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability, and shall adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed within the same establishment under similar working conditions.

Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination;

rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-Contractor agreements or subleases of this Agreement entered into by supplier/lessee. The Contractor further agrees not to discriminate against any worker, employee or applicant, or any member of the public, because of sexual orientation or gender identity or expression and shall ensure that applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or expression.

3. Documentation: Suppliers and lessees may be required to provide additional documentation to the Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized.

4. Monitoring: The Equal Opportunity Department shall monitor the employment policies and practices of suppliers and lessees subject to this article as deemed necessary. The Equal Opportunity Department is authorized to conduct on-site compliance reviews of selected firms, which may include an audit of personnel and payroll records, if necessary.

D. Legal Worker Requirements: The City of Phoenix is prohibited by A.R.S. § 41-4401 from awarding a contract to any Contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A).