Addendum No. 1 City of Apopka

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ADDENDUM NO. 2 CITY OF APOPKA TENNIS & BASKETBALL COURT REPLACEMENT

ITB: 2019 – 01 TO: PLAN HOLDERS DATE: February 1, 2019

NOTE: This Addendum is hereby incorporated into the ITB documents of the project referenced above. The following items are clarifications, corrections, additions, deletions, and/or revisions to and shall take precedence over the original documents. Deletions are indicated by --- strikeout, answers are indicated in blue. I. ATTACHMENTS:

1. Tennis Construction Specs: As per grant funding requirements the document “Tennis Specs” has been included and attached to this bid. Please be advised of the following: The surface systems listed are considered approved for materials as it relates directly to the tennis courts. If any deadline or instructional discrepancies are identified the bid document shall supersede the attached “Tennis Specs” document.

II. CLARIFICATIONS:

1. The bids being submitted are for the replacement and surfacing of courts (tennis & basketball). The bid forms allow for a contractor to be selected for the immediate purpose of replacing the basketball court at Alonzo Williams Park. The bid also allows for this same selected contractor to be utilized, at the unit pricing submitted on the bid forms, for the replacement and surfacing of courts in the future on a “as needed” basis for a period of 3 years (see update below regarding contract term update).

2. Alternate Pricing listed within the scope and bid forms are to be utilized and determined on a court by court basis. This also allows the opportunity for city staff to complete these tasks where it is most cost effective to do so. ALTERNATE PRICING ITEMS ARE NOT ITEMS THAT ARE USED TO SELECT A BIDDER.

III. UPDATES:

1. Contract Term: The contract term has been changed from 3 years with the option of two (2) additional one (1) year renewals to a “3 year term”. Replace any reference of a 3 year with two (2) additional one (1) year renewals with a “3 year term”.

2. I. General Information B. Scope – Measurements

Continued to next page:

Addendum No. 2 Page 1

Original: Alonzo Williams Park Basketball Court 100’x105’ (1,167 SY) NW Recreation Complex: 3 basketball courts 84’x50’ each (467 SY) 4 tennis courts 78’x36’ for doubles (312 SY) 78’x27’ for singles (234 SY)

Updates: Alonzo Williams Park Basketball Court 100’x105’ (1,167 SY): with 5’ border and 5’ between the courts 94’x115’ (1201 SY)

NW Recreation Complex 3 basketball courts 84’x50’ each (467 SY): all 3 courts combined = 104’x202’ (2,334 SY). 4 tennis courts 78’x36’ for doubles (312 SY) 78’x27’ for singles (234 SY) Tennis: 120’ x 240’ = 3,200 (SY) This is for the entire surface, including space between the courts and space from the court to the fence. Doubles is part of the standard court design.

IV. PRODUCT/MATERIAL APPROVALS: The following products/materials have been approved for bid submittal:

Laykold Masters – attachments included. Latex-ite - attachments included.

Tennis Courts – Manufacturers listed on the Tennis Construction Specs

V. RFI SUBMISSIONS:

1. Your bid documents call for a 5 year product warranty - does this need to be a manufacturers backed warranty? The warranty can be provided by the manufacturer or vendor. If the warranty is “backed” by the manufacturer the vendor would still be responsible for repair through the manufacturer and as stated in the bid and referenced below.

Warranty The awarded vendor shall fully warrant all material furnished hereunder against defect in materials and/or workmanship for a period of five (5) years from date of delivery/acceptance by the City of Apopka. Should any defect in materials or workmanship, except ordinary wear and tear, appear during the above stated warranty period, the awarded vendor shall repair or replace same at no cost to the City, immediately upon written notice from the City. All warranty provisions of the Uniform Commercial Code shall additionally apply.

2. Purpose: It states 3 years with two (2) additional one (1) year terms. Does that mean this bid price would hold for possibly five (5) years? The term has been changed to state 3 years. This means the bid price would hold for up to 3 years.

Addendum No. 2 Page 2

3. Scope: Pages 5-39 Northwest Rec Complex (3) Basketball Courts 84' x 50' each 467 (4) Tennis courts 78' x 36' for doubles Please note: These are not the size of your slab, these are the sizes are just the play areas (Inside the lines only) Please see “Section III. Updates” for response.

4. Scope Pages 5-39 Basketball Courts: This states putting in base and paving over existing asphalt. That is not recommended to do. It will also be approximately 7 1/2" above existing slab. Is this what you want? The scope for basketball courts does not indicate paving over existing asphalt. For the Alonzo Williams courts the city has elected to have the base and asphalt replaced. The breakdown of pricing and bid forms will allow options for base replacement and resurfacing to be evaluated on a court by court basis.

5. Basketball Alternate Pricing: Pages 6-39: You do not need to remove base. You should only remove the asphalt then put your spec from page 5, this is a good base and paving spec 6" of base and 1 1/2" of asphalt. Put in new base will require the posts to come out which means it will then change the height of the rim. Please see Clarifications concerning alternate pricing and the answer from #4.

6. Tennis Courts: Pages 6-39: This is a good spec. You need to remove the fence as you are adding base and paving. It will just fall through the fence if you put 6" and 1 1/2" over the existing slab without removing the fence. It will also change the height of the tennis court posts foundations. If you are adding base and paving the alternate needs to be done first. Please see clarifications concerning alternate pricing and the answer from #4.

END OF ADDENDUM NO. 2

Addendum No. 2 Page 3

TENNIS CONSTRUCTION SPECS

SECTION 32 8040 ACRYLIC TENNIS COURT PLAYING SURFACE NEW ASPHALT CONCRETE

PART 1

1 - GENERAL

1.1 WORK INCLUDED

A. Provide all equipment and materials and do all work necessary to furnish and apply an acrylic tennis court playing surface system as specified.

1.2 RELATED WORK

A. Examine contract documents for requirements that affect work of this section. Other specification sections that directly relate to work of this section include but are not limited to:

1. Section 32 8013 – Asphalt Concrete Tennis Court Paving

1.3 REFERENCES

A. Unless otherwise indicated, all tennis court playing lines shall conform to the Rules of Tennis:

1. United States Tennis Association - Rule 1 2. International Tennis Federation - Rule 1

1.4 SUBMITTALS

A. Product Data: Submit product data in the form of manufacturer technical data, specifications, and application instructions for the tennis playing surface system.

B. Color Charts: Submit color charts for the selection of the court surface color.

1.5 COORDINATION

A. Tennis court surfacing system shall be applied to the new asphalt concrete:

1. After the asphalt concrete pavement surface has been thoroughly cleaned and prepared.

ACRYLIC TENNIS COURT PLAYING SURFACE - NEW ASPHALT CONCRETE 32 8040-1

1.6 QUALITY ASSURANCE

A. The tennis court surface system shall be applied in accordance with accepted standards of the American Sports Builders Association and the United States Tennis Association by skilled mechanics in a workmanlike manner in accordance with accepted practices of the trade.

B. Single source responsibility: The surface system shall be manufactured by a single manufacturer to insure compatibility of products and to define a single source responsibility.

1.7 WARRANTY

A. Provide manufacturer's warranty for all materials incorporated into the tennis court surface system.

B. Contractor shall warrant the completed tennis court surface system against defects in workmanship and materials for a period of two years after the date of substantial completion.

C. Defective materials and workmanship may be defined as, but not necessarily limited to, the following; lack of system coalescence, loss of adhesion, cohesion in any surfacing components which covers the surfacing system to not serve its intended purposes. Surface failures in the form of tears, delamination, blistering, bubbling or splits not caused by the Owner or any other causes are indications of defective material or workmanship.

D. Manufacturer and contractor shall warrant the completed tennis playing surface against chalking, checking, fading, discoloration, or other adverse effects from ultra violet rays of the sun, from weather moisture, or from weather temperatures.

E. Materials shall be delivered to the construction site in their original unused and unopened containers clearly labeled with trade name and name of manufacturer.

PART 2

2 - PRODUCTS

2.1 TENNIS COURT SURFACING MATERIAL

A. The tennis court surfacing system shall be an acrylic surface system desired by the Owner to produce the playing characteristics required for the intended use of the tennis facility in high altitude regions.

B. Obtain all tennis court surfacing materials and components including leveling materials from a single manufacturer. Provide secondary materials as recommended and approved only in writing by manufacturer of primary surfacing materials.

ACRYLIC TENNIS COURT PLAYING SURFACE - NEW ASPHALT CONCRETE 32 8040-2

C. Manufacturers considered to have acceptable, equivalent surface systems are:

1. Nova Sports, USA P.O. Box 1481 Framingham, MA 01701 1-800-USA-NOVA

Novalevel (Patching) Novasurface Resurfacer (2 coats) Nova Combination Mix (2 coats) Seal-A-Line (1 coat) Novatex (1 coat)

2. Plexipave, A Division of California Products 150 Dascomb Road Andover, MA 01810 1-800-225-1141

Court Patch Binder (Patching) Acrylic Resurfacer (2 coats) Fortified Plexipave (2 coats) Hi-Hide Plexicolor Line Paint – Textured (1 coat)

3. SportMaster Sport Surfaces P.O. Box 2277 Sandusky, OH 44870 1-800-395-7325

Acrylic Adhesion Promoter (1 coat) Acrylic Patch Binder (Patching) Acrylic Resurfacer with Sand (2 coats) Color Plus System with Sand (2 coats) Stripe Rite (1 coat) T/C White Line Paint with Sand (1 coat)

4. Approved equivalent

D. If the surfacing contractor desires to use a surface system other than the surface system set forth above, complete manufacturer's literature, product data sheets and a description of the surface system must be submitted to the Owner for review a minimum of 15 days prior to commencement of the surface system application. The Owner, at its discretion may approve or disapprove the substitute system if in its sole judgment the proposed system does not satisfy the system design criteria set forth by the Owner.

ACRYLIC TENNIS COURT PLAYING SURFACE - NEW ASPHALT CONCRETE 32 8040-3

PART 3

3 - EXECUTION

3.1 TENNIS COURT SURFACING - GENERAL

A. Pavement Surface Observation

1. Prior to the application of the tennis court surface system, the contractor shall observe the asphalt paving on all courts to be surfaced in accordance with this section. All surface irregularities shall be marked, noted, and corrected prior to the start of any surfacing work. Surface irregularities shall include, but not be limited to, the following: poorly constructed joints, overly coarse pavement surface, oily or "fat" spots, surface contamination by dirt, dust or chemical substances.

B. Pavement Surface Planarity Observation

1. Prior to application of the tennis court surface system, the asphalt concrete surface shall be flooded with water and allowed to drain. Any depressions 1 holding water deeper than /16” shall be patched and leveled in accordance with recommendations of the manufacturer of the tennis court surfacing material specified herein.

C. Pavement Surface Preparation

1. Preparation of the asphalt surface shall include all work necessary to provide a clean, uniform, and sound surface free from any extraneous materials that could affect the adhesion of the tennis surface system. The surface of the asphalt shall be thoroughly cleaned by the use of a power broom or power wash. All oil spots or oily residue shall be removed. The entire surface shall be checked for minor depressions or irregularities or areas not meeting the surface tolerance specified. Depressed areas and surface irregularities shall be corrected using an acrylic based patching material.

D. Weather Conditions

1. Water emulsion systems set forth in this specification shall be applied in dry weather and only when the pavement and atmospheric temperature is 50 F or above. Application shall not be permitted when precipitation is anticipated before the film dries to a rain-resistant condition, or when temperature and humidity conditions are such that the emulsion systems could not dry thoroughly before a minimum pavement temperature of 45 F occurs. Each application shall be thoroughly dry and cured prior to the application of succeeding applications.

3.2 TENNIS SURFACE SYSTEM

A. Surface System Application

ACRYLIC TENNIS COURT PLAYING SURFACE - NEW ASPHALT CONCRETE 32 8040-4

1. Application of the tennis surface system shall commence after the Work specified in Section 1.5 has been completed and accepted by the Owner. The tennis court surface system shall be applied in multiple applications. Individual surface system applications shall be made perpendicular to each other (alternated lengthwise and crosswise of the court) with the final application being applied parallel with the tennis net line.

B. Tennis Surface System

1. The tennis surface system shall consist of the applications described in 2.1.C above after the patching has been completed. 2. Application rates shall be in accordance with the manufacturer’s recommendations. 3. Prior to the application of the color course, the Owner shall observe the surface to insure that it is free from ridges, loose or foreign materials or other surface irregularities.

C. Filler Coats

1. The acrylic filler coats shall be applied to fill the surface voids in the asphalt concrete course and to remove minor surface irregularities. Two applications shall be applied. The acrylic filler coat shall be mixed and applied in strict accordance with the manufacturer's recommendations.

D. Court Surface Color

1. The court surface color shall be U.S. Open Blue within the playing lines and green between the playing lines and the fence enclosure. The colors shall be as approved by the Owner.

a. Blue – PMS 533C (or 2955U) b. Green – PMS 364U

E. Finished Court Surface Tolerance

1. The finished court surface when flooded with water and allowed to drain 1 shall have no depressions holding water deeper than /16", the thickness of a 5 cent piece (American coin). This depth is considered to be the allowable depth that will evaporate in a reasonable period of time after the remainder of the surface is dry, the time required for evaporation being dependent upon temperature, humidity, and wind velocity.

F. Playing Lines

1. The 36 foot court playing lines shall be 2" in width and shall be applied straight, true, and accurate. Allow a minimum of 24 hours for the color surfacing to dry before painting the lines. All lines shall be taped, sealed/primed and hand painted. Mechanical painting of the lines shall be unacceptable. No fuzzy edges or wavy lines will be acceptable. 2. The base line shall be 3” in width.

ACRYLIC TENNIS COURT PLAYING SURFACE - NEW ASPHALT CONCRETE 32 8040-5

G. Curing Time

1. The court surface shall be allowed to cure for a minimum of 4 days before being opened to play.

END OF SECTION

ACRYLIC TENNIS COURT PLAYING SURFACE - NEW ASPHALT CONCRETE 32 8040-6 Our revolutionary Laykold® Masters Color system is a high performance, all-weather, acrylic court surface, using a proprietary blend of factory-texture to ensure exceptional playability and enduring style.

LM Topcoat

LM Line Primer and White Line Paint LM Filler New Asphalt LM FlexFill

MASTERS COLOR

Highlights LM Topcoat • 5-year warranty • Superior abrasion and UV resistance LM Line Primer and • Multisport applications White Line Paint • Manufactured by APT in an ISO 9001 Quality LM Filler New Concrete Assured and ISO 14001 Environmentally LM Concrete Primer Used on concrete substrates only Conscious facility • Wide variety of factory-textured colors available

LM Topcoat

LM Line Primer and White Line Paint Resurface LM Filler

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FEATURES COLORCOAT ADVANTAGE COLORFLEX CUSHION PLUS SKATE-ON MASTERS COLOR 2 3 AND ULTRA MASTERS ULTRA AND INDOOR MASTERS 5, 8, FLOAT MASTERS MONTREAL MASTERS ROME The Laykold® family of systems are acrylic sports surfaces that can be customized to achieve the UV stable colors desired performance, playability and appearance, making it an incredibly cost-effective way to Slip resistant, injury reduction breathe new life into asphalt or concrete surfaces. Long lasting, recoatable Low maintenance and resurfacing costs can extend a court’s playing life or transform it completely. Glare resistant

Laykold® is the official surface of the Miami Open Environmentally friendly and has been since 1984. It is a popular choice for No heavy metals or solvents community-funded facilities as they find new ways to increase utilization and physical activity. Factory Textured Topcoat

Laykold® is used in premier tennis facilities across Cus the world and is also widely used for Pickleball Cushioned System courts, all weather basketball courts game courts 5 Year Warranty and in-line skating.

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Ve Versatileus and can be used for friendly sports and recreational surfacing systems. ins The complete range includes synthetic grass for retrofits, new installations, overlays every application as well as polyurethane-based Us Useas for events and as temporary sy surfaces for running tracks, indoor gymnasium surface system flooring and children’s playgrounds.

USA 724.452.1330 109 Conica Lane PO Box 160, Harmony, PA 16037 USA [email protected] www.laykold.com • www.sportsbyapt.com @aptworldwide

Laykold® is a registered trademark of APT Corporation Masters Filler

1. General Description

Laykold Masters Filler is a tough, wear-resistant, sand-filled, acrylic latex emulsion that is light green in color. Laykold Masters  Environmentally Filler does not contain any asbestos, Lead, or Mercury. friendly

Basic Uses: Laykold Masters Filler can be job-mixed with water and used as a filler coat underlying Laykold Masters Topcoat.  Does not contain asbestos, Lead, or 2. Safety Guidelines Mercury Always wear the recommended personal protective equipment. Avoid contact with eyes, skin, and clothing.  No VOC

3. Storage and Packaging Laykold Masters Filler should be kept dry and cool. Storage temperature should be between 4°C (40°F) and 32°C (90°F).

Packaging: 5 gallon pail at 28.39 kg.

4. Coverage

Laykold Masters Filler coverage is approximately 0.30-0.38 kg/m2 (0.10-0.13 gal/yd2 or 70-90 ft2/gal) per application of undiluted material.

5. Installation Guidelines

When adding water, Laykold Masters Filler must be mixed thoroughly until the material is consistent. The mixed product shall be applied to the surface using a soft, rubber squeegee. Two (2) applications of Laykold Masters Filler (minimum) are necessary.

Masters Filler

6. Limitations

 Minimum application temperature: 10°C (50°F)  Maximum application temperature: 54°C (130°F)  Do not apply when rain is imminent  Do not allow to freeze  Do not over dilute with water  Dry time of 2-4 hours, dependent upon weather conditions  Minimum 1 hour to recoat

7. Technical Data

Results based on temperature of 23°C (73°F) and 50% Humidity VOC 0 g/L* Viscosity 20,000-30,000 cPs Mixing Ratio by Weight 5:1 (Water) *Based on standard formula calculation

Above figures are guide values and should not be used as a base for specifications

Consult the Safety Data Sheet (SDS) for more details

For complete and latest warranty and product information, please visit www.advpolytech.com

Rev 1 WB 09.28.15 Masters Line Prime

1. General Description

Laykold Masters Line Prime is a 100% acrylic, clear drying, emulsion primer that is applied prior to Laykold Masters White  Crisp, sharp lines Line Paint. The use of the Laykold Masters Line prime assures crisp, sharp lines and a professional quality finish to the court  Professional quality surface. finish

Laykold Masters Line Prime is environmentally friendly containing  Environmentally no asbestos, Lead, or Mercury. friendly

Basic Use: Laykold Masters Line Prime is designed to fill the  Contains no asbestos, minor voids between the tape and court surface. Lead, or Mercury

2. Safety Guidelines  One component Always wear the recommended personal protective equipment. Avoid contact with eyes, skin, and clothing.

3. Storage and Packaging Laykold Masters Line Prime should be kept dry and cool. Storage temperature should be between 10°C (50°F) and 38°C (100°F). Do not store in direct sunlight.

Packaging: 2 gallon unit (2 gallon units are packaged in jugs at 1 gallon each).

4. Coverage

Depending on the surface porosity and texture, the consumption rate is 500-600 feet of 2” line per gallon. One set of tennis court lines typically requires 1 gallon of Laykold Masters Line Prime.

5. Installation Guidelines

Apply Laykold Master Line Prime undiluted with a paint brush or roller after masking tape is put down. Laykold Masters Line Prime dries within 10 to 15 minutes in good weather conditions. Do not apply masking tape and Laykold Masters Line Prime if rain is imminent. Once Laykold Masters Line Prime is dry, Laykold Masters White Line Paint may be applied. Remove masking tape immediately after playing lines are dry.

Masters Line Prime

6. Limitations

 Minimum surface and application temperature: 10°C (50°F)  Maximum surface and application temperature: 54°C (130°F)  Do not allow when rain is imminent  Do not allow to freeze  Do not dilute  Completed projects should be allowed a minimum of 48 hours of drying time before releasing for play. CAUTION: acrylic coatings can take 2 to 4 weeks to fully cure depending on weather conditions.

7. Technical Data

Results based on temperature of 23°C (73°F) and 50% Humidity Flammability Non-Flammable Flash Point None Color Milky White, clear when dry *Based on standard formula calculation

Above figures are guide values and should not be used as a base for specifications

Consult the Safety Data Sheet (SDS) for more details

For complete and latest warranty and product information, please visit www.advpolytech.com

Rev 1 WB 09.29.15 Masters Topcoat

1. General Description

Laykold Masters Topcoat is a wear-resistant, sand-filled, 100%  International Tennis acrylic emulsion consisting of high quality pigments and polymers Federation classified to produce an easy to apply color coating material. Laykold Masters Topcoat does not contain any asbestos, Lead, or Mercury.  Easy to apply

The benefit of Laykold Masters Topcoat is that only water is added  Environmentally at the jobsite. It already contains the proper type, size, and ratio of friendly silica sand to create a medium play speed tennis court surface. The result is an easy to mix material that produces a consistent speed of  Sand premixed into play for every court. product – only water addition necessary Basic Uses: Laykold Masters Topcoat can be applied to asphalt, properly prepared concrete, and properly prepared rubber mat for  Does not contain the protection, beautification, and surface speed adjustment of asbestos, Lead, or tennis courts. Mercury

Colors: Laykold Masters Topcoat is available in twelve (12) colors  Variety of colors – Medium Green, Dark Green, Forest Green, Grass Green, Red, Beige, Grey, Burgundy, Light Blue, Dark Blue, Pro Blue, and Royal Purple. Additional colors are available upon request.

2. Safety Guidelines Always wear the recommended personal protective equipment. Avoid contact with eyes, skin, and clothing.

3. Storage and Packaging Laykold Masters Topcoat should be kept dry and cool. Storage temperature should be between 4°C (40°F) and 32°C (90°F).

Packaging: 5 gallon pail at 28.39 kg.

4. Coverage

Laykold Masters Topcoat coverage is approximately 0.41-0.47 kg/m2 (0.06-0.07 gal/yd2 or 130-150 ft2/gal) per application of undiluted material.

Masters Topcoat

Coverage may vary depending on substrate porosity and texture.

5. Installation Guidelines

Existing surface shall be dry, clean, and free from all dirt, dust, and foreign debris. When adding water, Laykold Masters Topcoat must be mixed thoroughly until the material is consistent.

The mixed product shall be applied to the surface using a soft, rubber squeegee. Two (2) applications of Laykold Masters Topcoat (minimum) are necessary and should be pulled at 90° to each other. The final coat should be pulled parallel to the net.

6. Limitations

7. Technical Data

Results based on temperature of 23°C (73°F) and 50% Humidity VOC 17 g/L* Density 1.45-1.55 g/cm3 Viscosity 30,000-40,000 cPs Tensile Strength Avg. 1.61 N/mm2 Elongation 6.5% Mixing Ratio by Weight 4:1 (Water) *Based on standard formula calculation

Above figures are guide values and should not be used as a base for specifications

Consult the Safety Data Sheet (SDS) for more details

For complete and latest warranty and product information, please visit www.advpolytech.com

Rev 1 WB 09.28.15 Masters White Line Paint

1. General Description

Laykold Masters White Line Paint is a water-based, 100% acrylic emulsion line marking paint, formulated without solvents or oils  Environmentally that tend to attack the underlying surface. friendly

Laykold Masters White Line Paint is environmentally friendly  Water-based containing no asbestos, Lead, or Mercury.  Contains no solvents Basic Use: Laykold Masters White Line Paint is used for marking or oils lines over color coating materials on tennis courts, basketball courts, and other recreational surfaces.  Contains no asbestos, Lead, or Mercury 2. Safety Guidelines Always wear the recommended personal protective equipment.  Good hiding Avoid contact with eyes, skin, and clothing. properties

3. Storage and Packaging Laykold Masters White Line Paint should be kept dry and cool. Storage temperature should be between 10°C (50°F) and 32°C (90°F).

Packaging: 2 gallon unit (2 gallon units are packaged in jugs at 1 gallon each)

4. Coverage

Laykold Masters White Line Paint coverage is approximately 0.75-1.0 gallon (3.9-5.2 kg) of line paint per standard size tennis court.

5. Installation Guidelines

After applying color coatings, wait approximately 24 hours before applying Laykold Masters White Line Paint. For indoor installations, wait until the color coating materials are thoroughly cured.

Mix Laykold Masters White Line Paint completely before applying. Do NOT add water. Measured and taped lines should be in accordance with the United States Tennis and Track Builders Association specifications.

Masters White Line Paint

Using a high quality roller, apply 1 or 2 coats, as specified. To improve crispness of the finished line, prime the tape prior to application with Laykold Masters Line Prime or the same finish color coat material in which the surface has been coated.

6. Limitations

7. Technical Data

Results based on temperature of 23°C (73°F) and 50% Humidity VOC 29.5 g/L* Viscosity 25,000-35,000 cPs *Based on standard formula calculation

Above figures are guide values and should not be used as a base for specifications

Consult the Safety Data Sheet (SDS) for more details

For complete and latest warranty and product information, please visit www.advpolytech.com

Rev 2 WB 09.29.15

LIMITED MATERIAL & INSTALLATION WARRANTY

DURATION: 5 years

Project Site

Name: Address: City: State: Date of Application: Applicator Name: Purchaser Name:

LAYKOLD MASTERS SYSTEM: ______

This is to certify that the above named product has been applied to the area described in the Project Site above. This warranty makes no allowance for deviations or omissions from the information provided in the on-line application. Any misrepresentation or fraudulent statement in the application for Limited Warranty renders the warranty null and void.

Advanced Polymer Technology Corp. (APT) warrants Laykold Masters products (other than Laykold Masters products manufactured in accordance with any specifications provided by Owner) (the “Products”), supplied to owner per APT’s invoice, shall be free from manufacturing defects for a period of five (5) years from the date of purchase (the “Warranty Period”) (the “Warranty”). APT’s responsibility and obligation under this Warranty shall become effective only upon payment in full for the Products furnished by APT for this project and APT’s Laykold Masters Warranty Document Request Form is completed in its entirety. This Warranty applies exclusively to the Owner, and third parties will have no rights or benefits under this Warranty. This Warranty is non-assignable and non-transferable without the written consent of APT, provided, however, upon written notice to APT, Owner may transfer its rights under this Warranty to any lawful transferee of the Product provided that such transfer shall not in any manner diminish APT’s rights or increase its obligations under the Warranty. This Warranty only covers the Product and no related items. Warranty claims arising from this Warranty can only be asserted during the Warranty Period.

LIMITATIONS AND EXCLUSIONS: APT shall have no obligation under this Warranty: (i) if Owner subjects materials to improper conditions (Refer to APT’s Technical Data Sheets and Limitations and Exclusions); (ii) for Product failure caused by accidents, misuse, vandalism, improper installation or maintenance (Refer to APT’s Maintenance Manual); (iii) for improper or insufficient design or engineering; (iv) for inadequate or flawed sub-base that is causing or contributing to material wear or abrasion; (v) if the surface is willfully or maliciously damaged; (vi) if the surface is subjected to unsuitable wear and tear; (vii) for normal wear and tear affecting the appearance (including fading, stains, discoloration, scratches, scrapes, scuffs, and the like); (viii) for any alteration or repair of the Products by a person or entity other than APT or its authorized third party vendors.

Owner and APT agree that APT’s sole and exclusive obligation and Owner’s sole and exclusive remedy under this Warranty shall be at APT’s option to repair or replace the defective Products without charge to Owner, F.O.B. jobsite. Where the Products subjected to the Warranty are no longer being manufactured by APT, APT reserves the right to supply another type. Any claims under this Warranty shall be made in writing addressed to APT within thirty (30) days from the date of the alleged failure, including information as to the specific location and nature of the claimed failure. A representative of APT shall be given reasonable opportunity to inspect the alleged failure.

APT expressly disclaims any and all other warranties, express or implied, including, but not limited to all warranties of merchantability, fitness for in particular purpose, and otherwise with respect thereto, including, but not limited to, any inaccuracy or ambiguity, or any results to be obtained there from.

In no event, shall APT be liable for any indirect, special, incidental, consequential, or punitive damages or other damages of any kind, with respect to the use of the products, or in any way related to this agreement, regardless of the form of action, (be it for breach of contract, warranty, negligence, strict liability, tort, or otherwise), including, but not limited to loss of use, claims or damages relating to personal injury, lost revenue, increased cost, down time costs or any other indirect or consequential damages.

It is further agreed and understood that the price stated for the Products is consideration for the limitation of APT’s liability hereunder. The sales personnel of APT are not authorized to make warranties or representations, whether oral or written, about the Products described in this contract. The entire contract is embodied in this writing and no other warranties are given beyond those set forth in this written contract. This writing constitutes the final expression of the parties’ agreement, and it is a complete and exclusive statement of the terms of that agreement and supersedes all prior agreements, warranties, or statements regarding the project. This Warranty cannot be amended, altered or modified in any way except in writing signed by an Officer of APT or a person whom his authority has been delegated in writing and the Installer. This Warranty and its surrounding provisions shall be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to principles of conflicts of law. The parties hereto irrevocably: (a) agree that any suit, action, or other legal proceeding arising out of or related to this Warranty or the Products shall be brought in the United States District Court for the Western District of Pennsylvania or in any courts of the State of Pennsylvania sitting in Butler County, Pennsylvania; (b) consent to the jurisdiction of each such court in any suit action or proceeding; (c) waive any objection which they, or any of them, may have to the laying of venue of any such suit, action or proceeding in any of such courts; and, (d) agree that service of process by registered or certified mail, for Owner at the address listed in the APT Laykold Masters Warranty Document Request Form and for APT as noted in beneath APT’s signature below, shall be good and sufficient service of process. In the event that any party institutes any legal suit, action or proceeding against the other party arising out of or related to this Warranty or the Products, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including actual attorney’s fees and expenses and court costs.

______Signed Date Signed Date Advanced Polymer Technology Corp. 109 Conica Lane Harmony, PA 16037 Telephone (724) 452-1330 Fax (724) 452-1703