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CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER

THE CITY OF PLEASANT LIVING INTER-OFFICE MEMORANDUM

To: The Honorable Mayor & Members ofthe City Commission

FROM: Steven Alexander, City Manager

Via: Quentin Pough, Director of Parks & Recreation

DATE: October 21, 2014 Agenda Item No.:

SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a contract with FLAF Sports Services, Inc. for , basketball and hand­ ball court resurfacing at Brewer Park.

BACKGROUND: Parks and Recreation staff conducted an assessment at Brewer Park and discovered that the two (2) tennis courts, one (1) basketball half-court and two (2) hand-ball courts require resurfacing and painting. Our goal in completing this project is to provide a safer, quality playing environment for the public.

The City submitted an Invitation to Quote (ITQ) #PR2014-08 on Thursday, September 18, 2014 for "Resurface Tennis, Handball and Yz Basketball Courts at Brewer Park". Four (4) submittals were received; FLAF Sports Services, Inc. is the lowest bidder and is in compliance with the terms of the ITQ. VENDORS & BID AMOUNT: Please find below a breakdown of all submitted proposals.

VENDORS BID AMOUNT FLAF SPORTS SERVICES, INC. $13,717 FAST-DRY COURTS (ALTERNATE) $15,400 FAST DRY COURTS $16,500 SPORTS SURFACES $17,490 FLAF SPORTS SERVICES, INC (W/FIBER GLASS MESH) $17,567 MCCOURT CONST. $18,300

EXPENSE: Amount not to exceed $15,775. To account for any unknown factors that may arise, a 15% contingency over the proposal of $13,717 is requested. CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER

THE CITY OF PLEASANT LIVING INTER-OFFICE MEMORANDUM

FUNO& ACCOUNT: The expenditure shall be charged to the Parks and Recreation Capital Improvement account number 301-2000-572-6450, which has a balance of $590,000 before this request was made.

AnACHMENTS: Resolution for approval Pre-Bid Conference Sign-In Sheet Bid Opening Report FLAF Sports Services, Inc. Proposal SunBiz - FLAF Sports Services, Inc. Demand Star Results General Contract 1 RESOLUTION NO.: ______

2 A Resolution authorizing the City Manager to negotiate and enter into a 3 contract with FLAF Sports Services, Inc. for tennis, basketball and hand-ball 4 court resurfacing at Brewer Park.

5 WHEREAS, City staff from the Parks and Recreation Department conducted an assessment at 6 Brewer Park and determined that two (2) tennis courts, one (I) basketball half court and two (2) hand- 7 ball courts require resurfacing and painting; and

8 WHEREAS, the City submitted an Invitation to Quote (ITQ) #PR20 14-08 on Thursday, 9 September 18, 2014 for "Resurface Tennis, Hand-ball and Y2 Basketball Courts at Brewer Park;" and

10 WHEREAS, four (4) submittals were received; FLAF Sports Services, Inc. is the lowest bidder 11 and is in compliance with the terms of ITQ #PR20 14-08.

12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:

14 Section I. The City Manager is authorized to negotiate and enter into a contract with FLAF 15 Sports Services, Inc., for an amount not to exceed $13,717 for resurfacing and painting of the tennis, 16 basketball and hand-ball courts at Brewer Park. The City Manager is also authorized to expend an 17 additional 15% of the contract price for unforeseen conditions. Funding for this project will come from 18 the Parks and Recreation Capital Improvement account 301-2000-572-6450, with a current balance of 19 $590,000. A copy of the contract is attached.

20 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any 21 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect 22 the validity of the remaining portions of this resolution.

23 Section 3. Effective Date. This resolution shall become effective immediately upon adoption 24 by vote of the City Commission.

25 26 PASSED AND ADOPTED this __ day of ______, 2014. 27 28 ATTEST: APPROVED: 29 30 31 CITY CLERK MAYOR 32 33 READ AND APPROVED AS TO FORM, COMMISSION VOTE: 34 LANGUAGE, LEGALITY AND Mayor Stoddard: 35 EXECUTION THEREOF Vice Mayor Harris: 36 Commissioner Edmond: 37 Commissioner Liebman: 38 CITY ATIORNEY Commissioner Welsh: CITY OF SOUTH MIAMI INVITATION TO QUOTE ITQ #PR2014·08 LUMP SUM PROPOSAL

Resurface Tennis, Handball and 1/2 SUBMITTED TO: City Clerk PROJECT: Basketball Courts at Brewer Park NAME: Maria Menendez, CMC ADDRESS: Brewer Park; 6300 SW 56 Street ADDRESS: 6130 Sunset Drive CITY/STATE: South Miami, FI 33143 CITY/STATE: --:M""i~a;"m';:;'i,;;;:F~lo~r';'idi"-a:':3"::3':-134::-::------ISSUE DATE: PHONE: 305·663·6339 E·MAIL: [email protected]. INon-MANDATORY PRE-QUOTE MEETlNG: lhur$day, Septrllnbet25,2014at lOAM I DUE DATE:

qUOTE SUBMISSION REqUIREMENTS:

Quotes submitted after 10 AM on the due date will not be accepted unless otherwise specified in the quote document of a time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the envelope needs to read as follows:

City of South Miami Maria M. Menendez, CMC 6130 Sunset Drive South Miami, Fl. 33143 Project Name: Resurface Tennis, Handball & 1/2 Basketball Court Must input project name. If label does not have all information above your quote will not be accepted •

. INSURANCE REqUIREMENTS: The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a certificate of insurance naming the city as additional insured.

AFFIDAVITS REqUIRED WITH SUBMITTAL: (Exhibit 21 Respondents must complete and submit with your quote affidavits provided in Exhibit 2.

qUESTIONS:

Any Requests for additional information or questions must be in writing, emailed by 10 AM local time on September 29,2014 to1he attention of Mr. Steven Kulick, Purchasing Manager at [email protected]. SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BY CITY):

REFER TO "SCOPE OF SERVICES," COPY ATTACHED (Ii Bids will only be accepted that include quotations during regular workIng hours.

DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR:

Item Number Item Description Unit Refer to "Scope of Services," CoPY Attached

South Miami, FL33143. Deadline to submit Is: October 1, 2014 at lOAM.

PrintlType Name: Phone: Signature: Date: E-mail: Fax: Firm Name: F.E.I.N. No.: " ':5'7 -- t 1" Address: City: (:Q&'Mr' O~'L, THE EXECUTION OFTHIS roRM CONSTfTlITES THE UNEQUIVOCAL OffER Of PROPOSERTO BE BOUND BVTHE TERMS OF ITS PROPOSAL FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZfO REPRESENTATIVE SHAll RENDER THE PROPOSAL NOH·RESPOHSIVE. THE CITV MAY, HOWEVER, IN fTS SOLE DISCRETION, ACCEI'T ANY PROPOSAL THAT IHCLUDfS AN EXfCUTED DOCUMENT WHICH UNEQUIVOCALLY BINOS TH£ PROPOSER TO THETERMS Of fTS OffER. THE mY'S REQUEST fOR QUffiES IS fORTHE lOWEST AND MOST RESPONSIVE PRICE. THE CITY RESERVES THE RIGHTTO AWARD THE PROJEcrTO THE FIRM CONSIDERED THE B£sr TO THE ClTY'S INTEREsr. L

BERVICES,INC TENNIS COURTS SURFACING BASKETBALL - VOLLEYBALL - SHUFFLEBOARD· HOCKEY 5139 Stagecoach Dr Coconut creek, fI 33073 Phone: 954-806-3276 • Fax: 954-780-7046 www.flafss.com • email: [email protected] September 30, 2014

ITQ #·PR·2014·Q8 Brewer Park - 6300 Southwest 56 Street, South Miami, Florida 33143

Proposal: Resurface Two (2) Tennis. iwo (2) Handball and one (1) 'h Basketball Courts Thank you for giving FLAF Sports Services the opportunity to present a quote on your Two (2) Tennis, iwo (2) Handball and one (1) 1f.z Basketball Courts Resurfacing. Acrylic System to be used: LA YKOLD Acrylic System manufactured by Advanced Polymer Technology.

SCOPE OF WORK Two (2) Tennis Courts Resurfacing - area 240' x 60' approx.. Pressure clean to remove mildew and dirt Flood courts to find out areas with mayor depressions. Level and repair any depressions greater than 1/8" with 100% Acrylic Court Patch. Note: Hard Courts must have a slope of 1% in order to allow removal of water. .... Roll entire court area with mechanical roller to smooth surface imperfections. Grind court surface. Power blow court surface. Apply one (I) coat of Acrylic Black Resurfacer (100% Acrylic)** Apply three (3) Color Coats (100% Acrylic)** Color: Dork Bluei Medium Green (suggested) bu1 colors to be gecided by owner. If you would like to change current courts colors, please visit 'f!WW,flafss.com to choose your own colors. Paint specifications can be provided upon request. SOnd and paint net posts. Reinstall net posts. Seal and Paint 2" white lines to national standards for Tennis. Nets Installation - Two (2) nets will be provided to customer for FREE. At resurfacing time only.

Two (2) HangpgU & One (1) y:~ Basketball CourtsR§slJrfaclng- areg 100; x 60' opprox.; Pressure clean to remove mildew and dirt from courts flood courts to find out areas with mayor depressions. Level and repair any depressions greater than 1/8" with 100% Acrylic Court Patch, including areas with tree root intrusion by cutting and replacing with fresh asphalt. Note: Hard Courts must have a slope of 1% in order to allow removal of water...... * Roll entire court area with mechanical roller to smooth surface imperfections. Grind court surface. Power blow court surface. Apply two (2) coat of Acrylic Block Resurfacer (100% Acrylic)** Apply iwo (2) Color Coats (100% Acrylic)** Color: Dark Blu§l M§diurnCreen (suggested) but colors fo Pe deciged b~ owner. If you would like to change current courts colors, please visit www.nafss.<:omtochooseyourowncolors.Paint speCifications can be provided upon request. Seal and Paint basketball lines per Florida High School Athletic Association (FHSAA) standards. (Includes three line)

Total Value for resurfacing (Labor and Material Included): $13,717.00 (Thirteen thousand seven hundred seventeen dollars).

LICENSED a INSURED Dade#: 1113S00193 SERVlcaS,INC TENNIS COURTS SURFACING BASKET8ALL - VOLLEYBAll - SHUffLEBOARD - HOCKEY 5139 Stagecoach Dr Coconut Creek, FI 33073 Phone: 954-806-3276 • Fax: 954-780-7046 WWW.n.fI •.com • email: [email protected]

OPTION (RECOMMENDED): Due to current coorts cQndfflons we recommend to Instal/ Fiber Gloss fm~sh 2ver entire Tennis Courts area.

Fiber Glass Mesh applied to entire courts - This step will cover current cracks, prolong the life and durability of your court and delay the reappearance of cracks. An extra coat of Acrylic Black Resurfacer (100% Acrylic) is required when iostalfing fiber glass mesh over entire courts.

Total Value for Fiber Glass mesh application over entire TENNIS COURTS area will be $3,850.00 (Three thousand eight hundred fifty dollars) --This will be an additional charge"·

The job will be performed 00 approximately 10 to 12 working business days, weather permitting. It will be scheduled after signed contract. Cracks will reappear at any time. One (1) year workmanship warranty on the painting job performed.

FLAf Sports Services, Inc.

-NOTE: 1% slope Is required to allow proper water removal from court. Customer is responsible for verifying the slope of the court prior to doing any resurfacing. FLAF SpoTts SeNices, Inc. would not be held responsible for asphalt slab constructed by others. This proposal is to repair and resurface the court; it won't fix the slope or plain of the court if any drainage problems are present due to improper slope. If that ;s the case, then FLAF Sports Services, Inc. would not be held responsible for any water depressions or water retention in the couTt. Current birdbaths will be repaired but the owner should understand that birdbaths may reappear later due to further settlement or the water may be moved to a different area of the court.

LICENSED 6: INSURED Dade#: 11BSO0193 FLAFS·1 OP 10: DR OA'tE (IIIMlDO,YY'{Y) CERTIFICATE OF LIABILITY INSURANCE ORf22f2014 THIS CERTIFICATE:: is ISSUE.D AS A. MATTER OF INFORMATION ONlY AND CONFERS NO RIGHTS UPON THE CERTIFiCATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLlCIE.S BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT SETWEEN THE ISSUING INSURER(S), AUTHORiZED REf'Re;SENTATIVE OR PRODUCER. AND THE CERTIF!CATE HOLDER. IMPORTANT' IHhe eertifi!;ate holder i:-s-a-n-A:-:O::CO=-I"'iI::-:O:-:N-;-A""L~IN:"S""U"'R""E:-:O';".""'t""'he-p"QI~lc-y":o{i"'"es.. )'""m-us-t-:b-c;-e-· n-d,.-Q .. ls- ...... d'"". "",\':'", .':::!s.U"'.:::"e"'R:::"O""'G""'A::T"'IO""N":""7:IS:'-:-:W~f!.J~tWC-:E::;'O:::",""""U""'b""'j ..-c"t ""'to--1 the terms and conditions of the policy, cerlaln pOlicies may r$quire an endorsement. A statement 01'1 this certlfiqate does not confer rights to the ccrtilicatef101¢\erin lieu of $uch .ondorsE)menl s , PRODUCER Luis Fernandez MR.!.. Insurance Agency. Inc, "._ ... , ....•..••...•. _...... • .• . '!'Ali • .".. .., ...... _...... 2RS5 N.lInlverslty Or; $te. 110 ~fL~~~".~?~.~.~.9Z.!.. . t'1>S...IJ"L.954-:"!1?6~5ii!7~ ... Coral Si"(iflUR, FL 33065 Ernesto O

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LDER CANCEit..l..ATION

SHOULD ANY OF THE ABOVE DESCRI6E:O POUCIE.S BE CANCELLED SEFORE THE EXPiRATION DATE iliERE'OF, NOTICE WILL ElE DELIVERED fN ACCORDANCE V-IlTH THE POLICY PROVISIONS.

AurHORI~EO R~PR.SEtnA:r'"E Ernesto Daniel Rivas

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* * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW" " CONSTRUCTION INDUSTRY EXEMPTION

This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law.

EFFECTIVE DATE: 8/2212014 EXPIRATION DATE: 8121/2016

PERSON: FERNANDEZ LUIS

FEIN: 571204084

BUSINESS NAME AND ADDRESS:

FLAF SPORTS SERVICES INC

5139 STAGECOACH DR

COCONUT CREEK FL 33073

SCOPES OF BUSINESS OR TRADE:

CONCRETE OR CEMENT PAINTING NOe & SHOP EXCAVATION AND WORK-FLOO OPERATIONS DRIVERS Noe

Pursuant to Chapter 440 05(14), FS , an officer of a corporation wno elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to Chapter 440 05(12), F S .• Celtificates of election to be exempL apply only within the scope of the business Of trade H~'!ed on the notice of election to be exempt. Pumuant to Chapter 440,05(13), F S" Notices of cleeton to be exempt and cmtificates of election to be exempt shall be subject to Havocation if, at any tme after Ihe fiUng of the cotice or the issuance of the cellificale, the person named on the notice or certificate no longer meets the requirements of this section fo, issuance of a certificate The department Shall revoke a

DFS-F2-DWC-2S2 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 07-12 QUESTIONS? (850)413-1609 JEFF ATWATER CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION

.. " CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW"" CONSTRUCTION INDUSTRY EXEMPTION This certifies 1J1at the individual listed below has elected to be exempt from Florida Workers' Compensation law.

EFFECTIVE DATE: 611212014 EXPIRATION DATE: 6/11/2016

PERSON: NAVARRO LOUR ANA J

FEIN: 571204084

BUSINESS NAME AND ADDRESS:

FLAF SPORTS SERVICES INC

5139 STAGECOACH DR

COCONUT CREEK FL 33073

SCOPES OF BUSINESS OR TRADE:

CONCRETE OR CEMENT PAINTING NOC & SHOP EXCAVATION AND WORK-FLOO OPERATIONS DRIVERSNOC

Pursuant to Chapter 440.05(14), FA,L, an officer ota corporation who elects exemption from this chapter by filing a certificate of electi"" under !his section may not recover benefits or compensation under this chapter. Pursuant to Chapter 440.05(12), F.8., Cellifioat(~s of election to be exempt .. apply only wiU,in the srope of the business or trade listed on the notice of election to be exempt Pursuant to Chapter 440.05{13j, F.S .• Notices of alection to be exempt and certificates of election to be exempt shall be subject te revocation if, at any time after the filing of the notice or the issuance of !he certificate, the person named 00 the notK;e or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for laHure of the person named on the certifICate to meet ihe lequirements of this section

DFS-F2-0WC-2S2 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 07-12 QUESTIONS? (850)413-1609 L F BERVfCIUI$•. fNC TENNGS eQuAl's SURFACING eA.$l(~re.w.~ VOI.~EVIIW. ~ $$ifTtUOAAD. l.o<:lttv 5139 Stagecoach Dr Coconut Creek, FI33073 Ph: 954-806-3276 • Fax: 954-780-7046 www.flafss,coID • email: [email protected] REFERENCES

Nov - 2011 Project Name: Lanier James Education Center - Broward County School GC:Lemartec Eng. and Const 11740 SW 80th St 3fd Floor Miami, Fl 33183 Attn: Nivardo Beaton Ph.: 305-273-8676 Size of the Project: MultiSport Court- School Games Cost of Project $6,837.00

Feb- 2012 Project Name: Ruben Dario Park Basketball and Tennis Courts Resurfacing Miami Dade Parks and Recreations 11395 SW 79 street Miami, FL 33173 Attn Jose L. Hernandez Jr. Phone: (305) 596-4460 Size of Project: (4 Basketball Courts - New Overlay & 2 Existing Tennis Courts) Cost of the Project: $26,396.00

Oct-2012 Project Name: City of Clermont Sports Courts Resurfacing City of Clermont: Lake Felter & Kelhor Park 685 W Montrose Street Clermont, FI 34711 Attn: Freddy Suarez Phone: 352-2417386 Size of Project: 2 Basketball Courts, 2 Tennis Courts, 12 Shuffleboard Courts Cost ofthe Project: $18,706.00

March-2013 Project Name: Brickell Place Phase II - Tennis Courts Home Owners Association 1925 Brickell Ave, Miami, FL 33129 Attn: Javier Zayas-Bazan Ph.: 305-757-7707 Size of the Project: 3 Tennis Courts Resurfacing (After New Waterproof restoration in top of Garage lid) Cost of Project: $17,265.89

Aug -2013 Project Name: Collier County Sports Courts Resurfacing (Eagle Lakes Community Park, Vineyards Community Park, Max Hasse Community Park, Starcher Petty) GC: PBS Construction 4395 Corporate Square Naples, A 34104 Attn: Mike Brunolli Ph.: 239-643-6527 Size of Project: 3 Basketball Courts, 4 Tennis Courts Cost of the Project: $27,625.00

March-2014 July - 2014 Project Name: Centro Deportivo Costa Rica Project Name: Pembroke Lakes Tennis Courts Resurfacing GC: Adiproco City of Pembroke Pines San Jose, Costa Rica 10500 Taft Street Pembroke Pines, FL 33026. Attn: Roger Gonzalez Attn: Joe Hazera Site of Project 4 Tennis Courts Size of Project: 9 Tennis Courts Cost of Project: $26,343.00 Cost of Project: $30,747.20

Dade#: 118500193 Broward MlWBE #7007-6769-12 Broward#: 11-3E-17296-X Broward College MlWBE Certified Palm Beach#: U21514 Collier#: 35565 FLAF .eAVf.CE.,'NC TENN'.CQURTS SURFACING tlM1UT8AI.l. -V(f!.J,£Y.'AU ~ ~mt1K)ldlO , lIOCt(W 5139 Stagecoach Dr Coconut Creek, FJ 33073 Ph: 954-806-3216 • Fax: 954-780-1046 www.fI!:Ifss.com • email: [email protected] REFERENCES

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Pines of Boca Barwood (Boca Raton) Moon Bay (Key Largo) Mario Margulies 561-488-0389 CIO Patriot Property Services Ken Larrive 305-451-0186

Palm Aire Club Condo 11 (Pompano Beach) Saltponds HOA (Key West) cIa M&M Property Mgmt LLC Roger Holtkamp David Friedman 954-582-4400 305-292-0222

Meadow Lakes HOA (Boca Raton) Players Place (North Lauderdale) cia Crest Management Group C/OB.CAS Sean Robnett 561-504-2926

Dade#: 11B500193 Broward MlWBE #7007-6769-12 Broward#: 11-3E-17296·X Broward College MlWBE Certified Palm Beachl: U21514 Cotlier#: 35565 LAF S~~V feat -J .NO TENN•• caURTS SURFACING llASK£ttlAtL - \/OltfV6Att. - SlIUHlfllOAAo " IIMK(y 5139 Stagecoach Dr Coconut Creek, FI33073 Ph: 954-806-3276 • Fax: 954-780-7046 www.flafss.com • email: [email protected] coot...!

Portofino at Biscayne (North Miami) Independence Bay (Deerfield Beach) cIa Stellar Management C/O Premier Association Services Felix Ortiz 305-947-4451 Dale Clappison 954-797-9007

Belaire Club at Boca Raton Gables Montencito C/O Gables Residential clo Gables Residential Ted Smith 561-852-5732 Brian Hopkins 561-999-4058

Engineering Finns, Constructions Firms & General Contractors

Kalex Construction Rhino Courts of Miami 6840 NW 77th Ct Miami, F133166 6055 SW 116th St Miami, FI 33156 Attn: Jorge Garcia I Christine Monroe Attn: Andrew Rodriguez Ph: 305-255-2023 Ph: 305-496-2506

ACRE Engineering & Construction Grace & Naeem Uddin, Inc (Cross Creek Elementary) 2500 NW 79th Ave Suite 168 Doral, FI33122 833 Shotgun Road Sunrise, FL 33326 Attn: Jose Angel Bustos Attn: Vladimir Jeannot Ph: 305-436-5102 Ph: 954-693-0620

G Design Landscaping Corp Aquarius Building Inc 3973 SW 155th Ave 7700 NW 163,d St Miramar, FI 33027 Miami, FI33016 Attn: Alvaro Garibelo Attn: Ana Garcia Ph: 954-822-9995 Ph: 305-824-1324

Maddox Construction (FGCU) KVC Constructors (Saga Bay Park) 26340 - COld 41 Road Bonita Springs, FL 34135 9499 NE 2nd Ave #206 Miami Shores, FI33138 Attn: Jeff Maddox Attn: Andres Rodriguez Ph.: 239-992-1484 Ph.: 305-757-7707

Lemartec Eng, and Const. (Lanier James Educ Cent) Shasa Engineering Corp. th 11740 SW 80 n St 3«1 Floor Miami, FI 33183 13965 SW 10 St Miami, FI33184 Attn: Nivardo Beaton Attn: Israel Corbo Ph.: 305-273-8676

DooleyMack Constructors (Plantation Gardens) CHG Global Construction, LLC. (Camden Doral) Attn: Bryan Shirley Attm: Herik Pol Ph.: 305-297-9355 Ph.: 305-824-8719

Woolems Inc. General Contractor (Mirasol Sports) PBS Construction (Collier County Parks) Attn: Tacara Hickman Attn: Mike Brunolli Ph.: 561-835-0401 Ph.: 239-643-6527

Jomed Construction Corp. (Private Residence Cora! Gables)

Dade#: 118S00193 Broward MlWBE #7007-6769·12 8roward#: 11-3E·17296-X Broward College MIWBE Certified Palm Beachl: U21514 CoUier#: 35565 FLAF ."o~,... allIS AVfQ IE a.'NO TENNIS COURTS SURFACING $ASlttmAll. ~ VOUfYUll - $t1\1rf'UJIO~O ' II.x:K[V 5139 Stagecoach Dr Coconut Creek. FI 33073 Ph: 954-806-3276 • Fax: 9S4"78~7046 wytyt.ffaf:;li.com • email: [email protected] conL.!

Adiproco (San Jose, Costa Rica) Project: Centro Deportivo Costa Rica

Ram-Tech Construction, Inc. Attn: Lucia Soria Ph.: 305-259-7835x2

Private Schools, Community Parks & Organizations

Westminster School Anunciation Catholic School Alexander Montessori School 6855 SW 152nd Street 1610 Blanding Blvd 14850 Ludlam Road Miami, FI 33157 Middleburg, FI 32068 Miami, FI33158 Attn: Steve Heintz Attn: Dennis Bergin Attn: Jodi Veillette Ph: 786-279-2702 Ph: 904-282-0504 USTA Professional

All Saints Catholic School City of Marathon Open Arms International 1759 Indian Creek Pkwy Marathon Community Park 11025 SW 84th St Jupiter, FI 33458 Attn: Jimmy Schmidth -Miami, FI 33173 Attn: Sands

Florida Gulf Coast University (FGCU) Cross Creek Elementary School Temple Sinai 10501 FGCU Blvd South 1010 NW 31st Ave 18801 NE 22nd "'ve Fort Myers, FI 33965 Pompano Beach, FL 33069 Miami, F! 33180 Attn: David Prashker

Atlantic Shores Terramar Park I City of Parkland Saga Bay Park 4545 N Federal Hvvy 6575 NW 76th Dr Town Cutler Bay Fort Lauderdale, FI 33308 Parkland, FI 33067 Attn: Scott Davioff

Lanier James Education Center Ruben Dario Park City of Coconut Creek 1050 NW 7th ct (Basketball and Tennis Courts) Windmill Park Hallandale, FL 33009 9825 W Flagler St Attn: Charlie Marcotte Miami, FI33174

City of Clermont Collier County Parks Centro Deportivo Costa Rica Lake Felter & Kelhor Park Starcher Pettay, Eagle Lakes, San Jose, Costa Rica Attn: Dave Teske Max Hasse & Vineyards Comm. Parks

City of Pembroke Pines Pembroke Lakes Tennis Center Attn: Joe Hazera

Dade#: 11BSOO193 Broward MNl8E #7007·6769-12 Broward#: 11·3E·17296·X 8roward College MlWBE Certified Palm Beach#: U21514 Collier#: 35565 Scope of Services Resurface Tennis, Handball and V2 Basketball Courts Invitation to Quote (ITQ #-PR-20 14-08)

The City of South Miami is seeking quotations from experienced and capable parties to resurface two (2) tennis courts, two (2) handball courts and one (I) basketball half court at Brewer Park, located at 6300 Southwest 56 Street, South Miami, Florida 33143.

Resurface (2) Two Tennis Courts Quotes must include court preparation: pressure clean to remove mildew and dirt prior to resurfacing. Contractor shall flood courts and check for low spots, then patch puddle areas as best as possible, to a standard tolerance of 1/8", or the depth of a nickel. Contractor shall patch cracks with fifler prior to resurfacing, and shall roll entire court area with mechanical roller to smooth surface imperfections.

Contractor shall resurface 2 existing courts areas, each approximately 60' x 120', as to California Products Corporation specifications, using Plexipave materials with a 4- coat system as follows: I coat Acrylic Resurfacer and 3 coats Fortified Plexipave. Court celors to be decided by City at a later date. In addition. Contractor shall also restripe all pla,.ng lines to meet specification, leaving courts ready for play.

Two (2) Handball & One (I> :6 Basketball Courts Quotes must include court preparation: pressure clean, remove mildew and dirt, rut damaged areas, de-root and/or repair, replace with fresh asphalt. Contractor shall flood courts and check for low spots, then shall patch puddle areas as best as pOSSible, to a standard toleraAce of 1/8". or the depth of a nickel. Contractor shall patch cracks with filler prior to resulfac~. and shall roll entire court area with mechanical roller to smooth surface imperfections.

Contractor shall resurface existing courts areas, apprOXimately 100' x 60'. with California Products Corporation specifications, using Plexipave materials with a 4- coat system as follows: 2 coats Acrylic Resurfacer and 2 coats Fortified Pleximave. Court colors to be decided by City at a later date. Contractor shall also restripe all playing lines to meet specifications, leaving courts ready for play.

Contractor shall furnish all labor, materials and eqUipment necessary to secure completion of the work, including disposing of materials and equipment necessary and should be reflected in Contractor's Lump Sum Quote.

Note: Lump Sum Quotes will only be accepted that included work during regular working hours, 7 AM to 5 PM, Monday - Friday.

The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal. as determined by the City. subject to the right of the City. or the City Commission, to reject any and all proposals. and the right of the City to waive any irregularity in the Proposals or ITQ procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. THIS AGREEMENT, entered into this day of ~!~'~20~ by the CITY OF SOUTH MIAMI through its City Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; and f't-l1f' ~:;RlJA:rS ~uJtCDI ti.JL with an office and principal place of bUsiness located at "{51-::il 8~rtZ£:Y'''(tfh~ (hereinafter called the "CONTRACTOR"). Ca.oA.::\Jj ~I fL.- WITNESSETH: . It;e;u!l,A:rcG "i\a-.>!0'I.°,!; 1 ;r~J>lJJ"tl...L WHEREAS, the CITY is in need of ,,~ V;t b~W'l (;:!\FtC { ,(;nY,\{," ; and f'rr~.. ~ WHEREAS, the CITY desires to retain the CONTRACTOR to provide the required good and/or services based on the CONTRACTOR's representations that it is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements; and

WHEREAS, the CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows:

1) ENGAGEMENT OF CONTRACTOR: Based on the representations of the CONTRACTOR as set out in the following "checked" documents: (check the box preceding the document to indicate that such document is part of this contract)

~ tf.flO·· Nl'RACTOR's response to the City's written solicitation; or r{Contractor's proposal or quote.

The CITY hereby retains the CONTRACTOR to provide the goods and/or services set forth in said proposal, quote or response to solicitation, whichever is applicable, as modified by the Contract Documents (hereinafter referred to as the Work").

2) Contract Documents: The Contract Documents shall include this Contract and the following flchecked documents": (check the box preceding the document to indicate that such document is part of this contract)

o General Conditions to Contract, o Supplementary Conditions, fil !'other documents" referring to this contract and signed by the parties, Jthe solicitation documents ("hereinafter referred to as "Bid Documents" including any request for bid, proposal or similar request) ul'Scope of Services, r.lft:ontractor's response to the City's Bid Documents, ({Contractor's proposal or quote, Page -1-0f3

Thomas F. Pepe 2014 5/13/14 riCity's Insurance Requirements, ;j City's Indemnification Requirements, o Payment Bond, o Performance Bond, as well as any attachments or exhibits that are made a part of any ofthe "checked documents". This Contract and, if a "checked document", the General Conditions to Contract, Supplementary Conditions, the Solicitation, Scope of Services and "other documents", shall take precedent over the proposal. The "checked documents" are attached hereto and made a part hereof by reference.

3) Date of Commencement: The Contractor shall commence the performance under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order ("Work Commencement Date"), and shall complete the performance hereunder within _____ days or the length of time set forth in the Contract Documents, whichever is the shorter period of time. Time is of the essence. 4) Primary Contacts: The person in charge of administering this Agreement on behalf of the CITY is the City Manager or such other person as the City Manager may designate in writing. The primary contact person for the CONTRACTOR shall be LQV~A lfi.ou ff ~.~jlnJ/t1IIVt5 5) Scope of Services: The goods and/or services to be provided are as set forth in the "checked documents". 6} Compensation: The Contractor's compensation for the performance ofthis contract (hereinafter referred to as the Contract Price )shall be as set forth in Contractor's response to the City's written solicitation, if any, or, if none, then as set out in Contractor's proposal or quote, whichever is applicable, and as modified by the Contract Documents. 7) Hours of Work: In the event that this contract requires the performance of services, it is presumed that the expenses of performing Work after regular working hours, and on Sunday and legal holidays is included in the Contract Price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 8) Time Provisions: The term of this Agreement shall commence on the Work Commencement Date and shall continue for until it expires on _____--' unless earlier terminated according to any of the terms of this Agreement. Notwithstanding the foregOing, this Agreement may be extended by an additional __ period if the extension is in writing and signed by the City Manager. An extension of the term of this Contract is at the CITY's sole and absolute discretion. 9) Termination: This contract may be terminated without cause by the City with 30 days of advanced written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents.

10) Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement of this contract. Venue for all proceedings shall be in Miami-Dade County, Florida. 11) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. Page - 2 - of 3

Thomas F. Pcpe 2014 5/13/14 12) Liquidated Damages: In the event that the Contractor shall fail to complete the Work within the time limit set forth in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of $ dollars per day until the Work is completed. 13) Jury Trial Waiver: The parties waive their right to jury trial. 14) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement ofthe parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto. The Contract Documents, in general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 15) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or Services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. 16) IN WITNESS WHEREOF, the parties, have executed this Contract with full knowledge of its content and significance and inten~ing to be legally bound by the terms hereof. [Insert name of Contractor1

By: L.oufiltNfr. fJAVAitJ0

__ceo~~_,-,-=,:,,=o..:.- (;rOn£["__ (Print name and title above) ATTESTED: CITY OF SOUTH MIAMI

By: ______By: ______Maria M. Menendez, CMC Steven Alexander City Clerk City Manager

Read and Approved as to Form, Language, legality and Execution thereof: By: ______Thomas F. Pepe, Esq. City Attorney

Page - 3 - of3

Thomas F. Pepe 2014 5/13/14 EXHIBIT I

Insurance Requirements

1.01 Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.

B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida. on forms approved by the State of Florida, as will protect the FIRM. at a minimum. from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (1) claims for damages because of bodily injury, death of a person or property damage ariSing out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) clairos involving contractual liability insurance applicable to the FIRM's obligations under the Contract.

1.02 Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below:

I .03 Workers' Compensation !nsyrance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must indude: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance.

1.04 Commercial ComprehensiVe General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contr.actualliability, severability of Interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; • Automobile liability: $1,000,000 each accident/occurrence. • Umbrella: $1,000,000 per claim 1.05 Umbrella Commercial Comprehensive General Liability Insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but In the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (1) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000.000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.07 SUBCONTRACTS; The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in section 5.1 above and 5.4 below and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.08 Fim and ExttmdSld ~oyerau: IO$uranre (Builders' 8Jsk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be clearly not applicable. 1.09 Miscellaneous; A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY. either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability prOVision covering the Contractors duty to indemnify the City as prOVided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as weI! as the insurance binder, if one is issued. the insurance policy. including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII 0/" better per AM. Best's Key Rating Guide, latest edition and authorjzed to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the follOwing endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically prOVided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium). terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mai~ with proof of delivery to the City." Indemnification Requirement

A The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against. charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or aSSigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY andfor its affected officers, affiliates, employees, successors and aSSigns, including their attorney's fees. in the defense of any action in law or eqUity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of. or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives. employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY In no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. EXHIBIT 2

AFFIDAVITS AND FORMS

SUBMISSION REQUIREMENTS

I. Respondent's Sworn Statement Under Section 287.133(3)(A). Florida Statutes, on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal.

2. Neither the individual(s)/flrm. nor any of his/her/its employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the City. and shall agree not to undertake any other private representation which might create a conflict of interest with the City. The individual(s)/firm may not represent any Commission member, individually. or, any member of their family or any business in which the Commission member of their family has an interest.

3. All proposals received will be considered public records. The City will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sole discretion. The individual(s)/firm selected will be required to enter into a formal agreement with the City in a form satisfactory to the City. prior to the execution of which the City shall reserve all rights, including the right to change its selection.

4. Respondent's Attachment #2 uDrug Free Workplace" form shall be completed and provided With the proposal submittal.

5. Respondent's Attachment #3 "No Conflict of InterestJNon Collusion Affidavit," shall be completed and provided with the proposal submittal.

6. Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal submittal.

7. Respondent's Attachment #5 "Related Party Transaction Verification Form" shall be completed and provided with the proposal submittal.

Page 1 ofl0 ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST

Pursuant to the provisiotls of Paragraph (2) (a) of Section 287.133. Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity. may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity. may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the proviSions of Chapter 112, Florida State Statutes. BIDDERS must disdose with their Bids, the name of any officer, director, partner, associate or agent who IS als() an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER AUTHORIZED TO ADMINISTER OATHS. • .,.."'__, -..-.f' • I. This sworn statement is submitted to edt.. , OP ::sLU1 11 I:::.lfftlvi I [print name of the public entity] by Ll£t){~IP--JA Nl+ilttlIJI,/D - Ceo 1 lJ'lU j;!....C4/ (print Individual's name and title1 for... _rcflF 5f~~.~~~.-+-_-,-{?...J--,=,-Lc---'__ _ [print name of entity submitting sworn statement] whose bUsiness address is and (if applicable) its Federal Employer Identification Number (FEIN) Is '7 - J'l D~lf'fi

Page 2 oflO without an adjudication of guilt. in any federal or state trial court of record relating to charges brought by indictment or information after July I. 1989, as a result of a jury verdict, hon-jury trial, or entry of a plea of gUilty or nolo contender. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (J )(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the . management of the entity and who has been cOhvicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners. shareholders, employees. members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of eqUipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime iii Florida during the preceding 36 months shall be c()nsidered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (I )(e), Florida Statutes, means any natural person or entity ()rganized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" inclUdes those officers. directors. executives, partners, shareholders. employees. members. and agents who are active in management of an entity. 6. Based on information and belief. the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] X Neither the entity submitting this sworn statement. nor any of its officers, directors, executives. partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July t, 1989. ___ The entity submitting this sworn statement. or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity. or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives. partners. shareholders. employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of july I, 1989. However. there has been a subsequent proceeding before a Hearing Officer of the State of Florida. Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.]

Page 3 of10 Continuation of Attachment #2 Public Entity Crimes and Conflicts

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBUC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

Sworn to and subscribed before me this .20 LY:

_'-p .... on.11y known or Produced identification Notary Public - State of £ tort ciQ) My commission expires ~~ J.~ (lOiS; (Type of identification) (Printed, typed or stamped commissioned na~'- nota public) Form PUR 7068 (Rev.06111J92) I \

~~ MY COMMISSI()N f: EE0994S5 EXPIRES June 02, 2015 FjorirtaN&{'\,:!~', '~:1

Page 4 aflO ATTACHMENT #2 "DRUG FREE WORKPLACE"

Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program. a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing. possession. or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace. any available drug counseling. rehabilitation. and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I).

4. In the statement specified in Subsection (I). notify the employees, that, as a ~ndition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of. or plea of guilty or nolo contender to, any Violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation -=curring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on. or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

PROPOSER's (~-- Signature: _..,-:...... ==;;;;-e:- ::::~~=:::!:==~ __ _ Print Name: ..~:~)I?~~!3,___h(6Y'fu1:tlh2 Date: g , . IL~ ~---~------~~------,------~--

Page 5 of 10 ATTACHMENT#l "NO CONFLICT OF INTEREST/NON COLLUSION AFFIDAVIT"

The undersigned. as Bidder/Proposer. declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith. without collusion or fraud.

The Bidder/Proposer agrees if this response/submission is accepted. to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the BidderlProposer and the CITY. for the performance of all requirements to which the response/submission pertains.

The Bidder/Proposer states that this response is based upon the documents identified by the following number: Bid/RFP :J.--1l.}( #_ plZ. -2£..114· -~

The full~name$ and residences of persons and firms interested in the foregoing bid/proposal. as principals. are as follows:

()';CDf'·.J.Jr bi'-~

The Bidder/Proposer further certifies that this response/submission complies with section 4(c) of the Charter of the City of Miami. Florida. that. to the best of its knowledge and belief. no Commissioner. Mayor. or other officer or employee of the CITY has an interest directly or indirectly in thecprofits or emoluments of the Contract. job. work or service to which the response/submission pertains. ~awre: ®L Printed Name: __ "L{d~!t1~;:'rJ;:' "Y:l!!::~f!r'1:~~ __ Title: rw~ I Telephone: C~~ - 8D[,? ~ ?J2-7.6

Continuation of Attachment #3No Conff;a of inter/Non-Collusion Certification

Page 6 of 10 NOTARY PUBLIC:

/' ~ersonallY known to me, or Personal identification:

Type of Identification ProducCcl Did take an oath. c;r

::;- Di~Not take an ooth.

~~ ~-''''-'' - '''- --- (Name ¥ ota!)' Public: Print. Stamp tJr type as commisskmed.)

FAILURE TQ COMPLETE. SIGN. & RETURN IHIS FOBM MAY DlSQ.VAUFY YQURRESPO~SE

Page 7 of 10 ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDSu

TO THE CITY OF SOUTH MIAMI

We, .HAF SfC{l;f's;.' 'i!i:J!A)i{£!), idL. (Name of Contractor), hereby acknowledge and agree that as Contractors for this Solicitation, as" specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names):

to comply with such act or regulation.

CONTRACTOR.

FAILURE TO COMPLETE, SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE

Page 8 of 10 ATTACHMENT #S "RELATED PARTY TRANSACTION VERIFICATION FORM"

I (..·O()/llt'?.. )I+- >Y/t\/tl1l&.2 . individually and on behalf of -r-:.C/rP S~!US S;1Li/lfi?S, f 0L ("Firm'')have Name o(Representative Company/Vendor/Entity read the City of South Miami ("City')'s Code of Ethics, Section SA-I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief:

(I) neither I nor the Firm have any conflict of interest (as defined in section SA.I) with regard to the contract or business that I, and/or the Firm, am (are) about to perform for, or to transact with, the City, and

(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section SA-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City[See Note #1 below], and

(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the dtY'ft0r with any person ~r, a~:ncy ~cting for the dty, rther than as follows: ."'0 . " eM~t. P/htL.. !lguliBtt'/,..J{t ia"JN If f } ~• .)1i';A'!.t ~ VM!;Mi[~lnt {,i'.,4J1,({ M (If necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See Note #1 below]; and

(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the follOWing individuals whose interest is set forth follow~ni their use a separate names: ____...!.{V~LI.c.p:_. ___•.~_~.-_:__-_;:-__::---_:___::_~:__-_:_-_;;_-- (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). The names of all City employees and that of a" elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent ,5 )or more of the total assets of capital stock in the firm are as follows: ______~++~--~------~~ __~~ ____~--~--~-~~~--~--~--(if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See Note#1 below]

(5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or

Note #I I: While dle ethics code still applies, if the person executing this form is doing so on behalf of a finn with more than 15 employees, the statement In this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an Independent Investigation as to the relationship of employees; if the firm Is a publicly traded company, the statement in this section shall be based solely on dle signatory's personal knowledge and he/she is not required to make an independent Investigation as to the relationship of employees or of those who have a financial interest In the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or lIS to the relationship by blood or marriage of employees, officers, or directors of the Finn, or of any of their immediate family to any appointed or elected officials of the City, or to their Immediate family members. benefit or for the personal gain or benefit of any other person or business entity. outside of the normal gain or benefit anticipated through the performance of the contract.

(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, Ission or agency of the City within the past two years other than as follows:

______~~ _____....;....,;...... , _ _'___~ ______(if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional Information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath).

(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commissi : (Ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: tJ . (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See Note #1 below]; and.

(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my Immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, childre~, s and sisters) have also responded, other than the folloWing:

(if necessary use a separate sheet to supply mditional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8). shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm hefshe represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.]

(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically. after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm.

(10) A violation of the City'S Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally. Violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I

Note t# I: While Ifte ethics code still applies, If the person executing this form is doing so on behalf of a finn with more than 15 employees, the statement In this section shall be based solely on the signatory's personal knowledge and hel.he is not required to make an independent investigation as to the relationship of employees; If the firm is a publicly traded company, the statement In this section shall be based solely on the signatory's personal knowledge and helshe is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial Interest In the Firm of city employees, appolnmd officials or the Immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their Immediate family members. have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinaoo e e true and correct to the best of my knowledge, information and belief.

Signature: ___~"-~~"'*"~ ____

Date: __Q....:._.:.:..... ___

ATTACHED: Sec. 8A-1 - Conflict of interest and code of ethics ordinance. Municode Page IOf4

Sec. SA-I. - Conflict of interest and code of ethics ordinance.

(a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel. advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I> The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city cGmmunity redevelopment agency and the health facilities authority. (3) The term "quaSi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responSibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney. and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit coaferred. or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial Interest" shall refer to ownership, directly or indirectly, often percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services. whichever first occurs. (c) ProhibitIon on transacting business with the city.

Note ## I: While the ethics code stili applies, if the person executing this form is doing so on behaff of a firm with more than IS employees, the statement In this section shall be based solely on the signatory's personal knowledge and he/she Is not required to make an independent investigation as to the relationship of employees; If the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not reqUired to make an independent Investigation as to the relationship of employees or of those who have a financial Interest in the Finn or of the financial interest in the Firm of city employees, appointed offICials or the immediate family members of elected andlor appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their Immediate family to any appointed or elected officials of the City. or to their Immediate family members. No person included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (I) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering. or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act. and when the proposal has been submitted by a city person defined in paragraphs (b)(2). (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) further prohibition on transacting business with the city. No person induded in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city. and any such contract. agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining proviSions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Add itionally, no person included in the term defined in paragraph (b) (I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with-any of the persons or entities which would be or might be directly or indirectly affected by any action of the citycornmission: (I) Officer, director, partner, of counsel, consultant. employee. fiduciary or beneficiary; or (2) Stockholder. bondholder, debtor. or creditor. if in any instance the transaction or matter would affect the person defined in paragraph (b)(I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified retationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. ( I )Deflnition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan. trave~ entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2)E.xceptions. The provisions of paragraph (e)(I) shall not apply to: a. Political contributions specifically authorized by state law;

Note ## I: While tfIe ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than I S employees, the statement In this section shan be based solely on the signatory's personal knowledge and helshe is not required to make an independent investigation u to the relationship of employees; if the firm is a publicly traded company. the statement In this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an Independent Investigation as to the relationship of employees or of those who have a finaneilll interest in the Firm or of the financial Interest In the Firm of city employees. appointed officials or the immediate family members of elected andlor appointed official or employee or as to the relationship by blood or marriage of employees, officers. or directors of the Firm, or of any of their Immediate family to any appointed or elected officials of the City, or to their Immediate family members. h. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(I) through (6), orfor any person included in the terms defined in paragraphs (b)(l) through (6) to accept or agree to accept from another person or entity. any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed. or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated. or which could be violated by any person included in the term defined in paragraph (b)(I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(I) through (6) shall disclose any gift. or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers' with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees affirms doing business with the city. Should any person included in the terms defined in paragraphs (b}(I) through (6) be employed by a corporation, firm, partnership or bUSiness entity in which that person or the Immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency. or be subject to direct regulation by the city or a city agency. then the person shall file a sworn statement disclosing such employment and Interest with the clerk of the city. (g) exploitation of official POSition prohibited. No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or Induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city. nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherWise. where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time.

Note ## I: While the ethics code still applies, if the person executing this (orm is doing so on behalf of If. firm with more than IS employees, the statement in this section shall be based so/ely on the signatory's personal knowledge and he/she is not required to make an independent Investigation as to the relationship of employees; If the firm Is a publicly traded company, the statement In this section shall be based solely on the signatory's personal knowledge and he/she 15 not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the flnanelallnterest In the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or dir'ecton of the Finn, or of any of their Immediate family to any appointed or elected officials of the City, or to their Immediate family members. b. When permitted. A full·time city employee may accept incidental or occasional outside employment so long as such employment is not contrary. detrimental or adverse to the Interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head reqUired. Any outside employment by any full·time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I-II of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment. the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. , (k) Prohibited Investments. No person included in the terms defined in paragraphs (b)(I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract. certificate, ruling. decision, opinion, rate 'schedule, franchise. or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly. for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency. in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves. either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling. decision. opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when f/n an clal Interests Involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment. eqUity, or debt. (n) AcquirIng financlaJ Interests. No person included in the terms defined in paragraphs (b)(I) through (6) shall acqUire a financial interest in a project. business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an offiCial, officer or employee. (0) Recommending professional services.

Note # I: While the ethics code still applies, If the person executing this form is doing so on behalf of a firm with more than 15 employees. the statement in this 5.ectlon shall be based solely on the signatory's personal knowledge and he/she Is not required to make an independent investigation as to the relationship of employees; If the firm is a publicly traded company, the statement in this section shall be based solely on the sig!latory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the flnanclallnterest In the Finn of cli¥ employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees. officers, or directors of the Firm. or of any of their immediate family to any appointed or elected officials of the City, or .to their Immediate family members. No person included in the terms defined in paragraphs (b){l) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall, for a period oftwo years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(l) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities In their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p){ I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(l) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city offkial in connection with any subject described in paragraph (pH') in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation. the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice., investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section SA-2(P). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name.

(Ord. No. 6-99-/680, § 2,3-2-99) Editor's note- Ord. No. 6-99-1680, § I, adopted 3-2-99, repealed §§ 8A-1 and 8A-2 in their entirety and replaced them with new §§ SA-I and SA-2. Former §§ SA-I and 8A-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634,§§ I (lA-I), I (1A-2}adoptedJan ..•II, 1969.

Note ## I: While the ethics code still applies, if the penon executing this fonn is doing so on behalf of a firm with more than 15 employees, the stawment in this section shall be based solely on the signatory's personal knowledge and heJshe is not required to make an Independent investigation as to the relationship of employees; if the firm Is a publicly traded company, the statement In this section shall be based solely on the signatory's personal knowledge and helshe is not required to make an Independent investigation as to the relationship of employees or of those who have a financial Interest In the Firm or of the financial interest in the Finn of city employees, appointed officials or the Immediate family members of elected andlor appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their Immediate family members. litE CITY Of ~l fMANT liVINt.

ADDENDUM No. #1

Project Name: Resurface Tennis, Handball & Yz Basketball Courts at Brewer Park

ITQNO. PR2014-08

Date: September 25, 2014

Sent: FaxlE-mail/webpage

This addendum submission is issued to clarify, supplement and/or modify the previously issued Invitation to Quote (ITQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation.

Question #1:

Should a three (3) point line be added to the Yz basketball court?

Answer to Question #1:

Yes, a three (3) point line must be added to the Yz basketball court, per Florida High School Athletic Association (FHSAA) standards.

Question #2:

Should the edge of the Yz basketball court be saw cut?

Answer to Question #2:

No the edge of the Yz basketball court should not be saw cut and be resurfaced as the rest of the court.

Question #3:

Will a Notice to Proceed be issue for this project?

Page 10f2 Answer to Ouestion #3:

Yes, attached to Addendum No. 1 is a Notice to Proceed form that will issued to the awarded contractor by the City's Project Manager.

Question #4:

Should the edge of the tennis courts beyond the fence be saw cut?

Answer to Ouestion #4:

No, the edge of the temlis courts beyond the fence should not be saw cut and be resurfaced as the rest of the court.

IT SHALL BE mE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.

Page 20f2 NOTICE TO PROCEED Resurface Tennis, Handball & Y2 Basketball Courts at Brewer Park

TO: DATE:

PROJECT DESCRIPTION: Resyrface Tennis. Handball & Y2 Basketball Courts at Brewer Park in accordance with Plans and specifications, if any. as may be prepared In whole or in part by CONSU LT ANT. referenced in the Supplementary Conditions and Contract Documents.

You are hereby notified to commence Work in accordance with the Contract dated , on or before You are to complete the work within 10 working days. The date of completion of all Work is therefore 20

City of South Miami

By: ______-'

(Print Name)

City Manager or designee

ACCEPTANCE OF NOTICE

Receipt of the abolle Notice to Proceed is hereby acknowledged by --,.------c---:-- on this ____ day of. ______-', 20__ .

BY:

TITLE: ADDENDUM No. #2

Proj ect Name: Resurface Temlis, Handball & Y2 Basketball Courts at Brewer Park

ITQNO. PR2014·08

Date: September 30,2014

Sent: FaxlE-maillwebpage

This addendum submission is issued to clarifY, supplement andlor modify the previously issued Invitation to Quote (ITQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation.

Question #1:

After further reviewing and checking the current condition on the tennis courts we believe fiber glass mesh installation is necessary; however it is not specified on the document detailing the scope of services. Please advise if fiber glass mesh installation will be considered for the scope of work, or is that at contractors discretion to advise installation of it as part of the repair process?

Answer to Question #1:

Please refer to the Scope of Services which states; " ...Contractor shall patch cracks with fille .. pdor to resurfacing, and shall roll entire court area with mechanical roller to smooth surface impeI1'ections."

While the exact material or product was not specified to address the cracks, the Contractor is responsible for patching cracks with filler prior to applying sports resurfacer. The Contractor should identify, in their proposal, which product they will use to fin the cracks. "Fiber glass mesh," however, may be quoted as an option in the Contractors proposal.

IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.

Page 1 of1 ColorCoat System

INSTALLATION GUIDE

Advanced Polymer Technology (APT) has prepared this installation guide to aid in the application of the Laykold ColorCoat surfacing system. Any references to consumptions are approximate due to variations in site conditions and application techniques. Before starting any work, the applicator should thoroughly review this installation guide and all system component technical data sheets.

MIXING OF MATERIALS

Laykold ColorCoat system components are supplied as concentrates. Each component must be mixed appropriately prior to installation. Mixing can be performed in a low speed mixing tank or in clean 55-gallon drum using a %" (minimum) heavy­ duty drill (7 amps minimum) fitted with a stainless steel mixing blade/shaft (shaft 1/2" x 36" long; blade 8 %" x 5"). Materials should be mixed at a low speed (400 - 600 rpm) taking care not to introduce air into the product. Mix until material is consistent in color and texture. The mixing ratio for each product is listed below:

•. _H. __ ... ~.•... ~_ ... __""''''''~m ...... _'..,N~=.~~'~ .. _. __._ .. ~ __.• ____. ____ .. _._,__ ~, __• ""'~.~N"U""'~N ____.. ____._ ... _-: Silica Sand Requirements Maximum Laykold ColorCoat mesh size/#'s per Dilution Component gallon of Material to Water concentrated material

Laykold Epoxy See Technical Data None Concrete Primer Sheet Laykold Acrylic 1 part to 3 parts None Concrete Primer See Technical Data Laykold Deep Patch None Sheet Laykold Acrylic 60-80 I 1D· 17 #'s per 1 part to 0.7 part Resurfacer .. .9al. Laykold ColorCoat 70-100/5-8 #'s per Concentrate - Texture 1 part to 0.6 parts gal. Mix Laykold ColorCoat Concentrate - Finish 1 part to 1 part Do not add sand Mix ,,-'-" > Laykold NuSurf may be substituted in lieu of Acrylic Resurfacer and is recommended for use over new asphalt pavements. cushioned systems and slip sheet crack repair systems. See NuSurf technical data sheet for mixing details.

Laykold ColorCoat Revision 5 Page 1 of 4 Issued 08122/12 Supersedes 01/21109 POT LIFE

The pot life is set at a temperature of 68°F. Pot life will vary with temperature,

Laykold ColorCoat Pot Life Component --- Laykold Epoxy Concrete 40 - 50 minutes Primer

All other Laykold ColorCoat components are water-based acrylics. Excess material may be resealed and stored in a cool dry environment for future use. Shelf life is approximately 1 year.

SURFACE PREPARATION

Prior to application, the existing surface must be thoroughly cleaned, sound, dry, and free of oils and other bond inhibiting contaminants. Spalls, delaminations, potholes, scaling, pop outs, and other defects in the substrate must be addressed and all projections must be leveled prior to the commencement of the surfaCing applications.

Once the surface has been thoroughly cleaned and is free of all loose material, dirt, or dust, the court shall be flooded and allowed to drain a minimum of 30 minutes and a maximum of 1 hour, Any area that holds water (birdbaths) in a depth greater than 1116 inch (1.6 mm or the thickness of a nickel) shall be outlined and patched.

Surface Leveling: Birdbaths shall be leveled using a Laykold Acrylic Deep Patch court patch slurry. Prime area to be patched with a SO/50 mixture of Laykold Acrylic Deep Patch and water. Primer shall be brushed into place and allowed to dry prior to patching. Patch mix shall consist of Laykold Acrylic Deep Patch, 50-mesh sand and Type 1 Portland Cement. Mix as per manufacturer directions.

Crack Filling: Cracks shall be cleaned, primed, and filled using Laykold Acrylic Resurfacer if cracks are 1/16 inch or less. If greater than 1/16 inch, Laykold Acrylic Deep Patch court patch slurry shall be used to fill cracks. Refer to Laykold Deep Patch technical data sheet for additional mixing details and application instructions for filling various sized cracks.

For applications over asphalt or new concrete, the asphalt and concrete should be allowed to cure a minimum of 30 days and be free of any residual moisture. 2 2 Excessive moisture levels can be determined by taping a 1 yd (1 m ) clear piece of plastiC over the substrate with duct tape. Be sure that all of the edges of the plastic are sealed with the duct tape. Leave the plastiC approximately 30 minutes and check for condensation under the plastiC. If water appears, repeat the test every 30 minutes until the plastiC remains dry.

For applications over existing concrete, mechanical methods (shot blasting, sandblasting, or hydroblasting) are recommended to produce a clean and lightly textured surface. When hydroblasting, allow 24 hours for substrate to dry completely. Prior to applying each layer of the Laykold ColorCoat system, make sure the previous layer is clean and dry.

Laykold ColorCoat Revision 5 Page 2 of4 Issued 08122/12 Supersedes 01121/09 PRIMER (Concrete Only)

When installing the laykold ColorCoat system over concrete, laykold Epoxy Concrete Primer must be applied as the first layer of the system. laykold Epoxy Concrete Primer is mixed by pouring the "B" component into the "Au component and mixing using a low speed jiffY mixer (400 to 600 rpm) for 2 minutes. Scrape down the sides of the bucket and mix for an additional minute. Do not incorporate air when mixing. Spread the mixed primer on the substrate using a high-~uality, medium nap 2 roller to achieve a total coverage of approximately 0.025 gal/yd (0.12 kg/m - 360 ff/gal). The working time for laykold Epoxy Concrete Primer is approximately 40 - 50 minutes but is reduced in high temperatures. lightly broadcast 40 to 60 mesh 2 silica sand onto the wet primer at the rate of 5 pounds per 100 sq. ft. (0.24 kg/m ) to create a rough texture. Allow 5 to 7 hours drying time before proceeding. Acrylic Concrete Primer may be substituted under certain conditions when approved by owner and/or design professional. If approved for use, see Acrylic Concrete Primer technical data sheet for application details.

FILLER COATIS) (1-2 coats as needed)

Apply one coat of Laykold Acrylic Resurfacer using a 24", 30" or 36" wide 70 Durometer flexible rubber squeegee. Batch mix shalf consist of 55 gallons (260 kg) of Laykold Acrylic Resurfacer, 30 to 40 gallons (115-130 kg) of potable water, and 600 to 900 pounds (270-400 kg) of clean, bagged silica sand (60 to 80 meSh). The 2 2 2 application rate shall be 0.05-0.07 gal/yd (0.29-0.40 kg/m - 129-180 ft /gal) of undiluted laykold Acrylic Resurfacer per coat. NOTE: If the asphalt is very porous, an optional 2nd application of Laykold Acrylic Resurfacer may be applied. Each coat should be completely dry before applying subsequent coats. laykold NuSurf is an acceptable substitute for Laykold Acrylic Resurfacer and is highly recommended for use on new asphalt pavements, older asphalt pavements with hairline surface cracking, slip-sheetlfree-f1oating surfaces and/or repair methods and over cushioned courts.

TEXTURED COLOR COATS (2 coats)

Apply two coats of Laykold ColorCoat Concentrate textured batch mixture using a 24",30" or 36" 50 Durometer flexible rubber squeegee. Batch mix shaff consist of 55 gallons (260 kg) of laykold Coloreoat Concentrate, 25 to 35 gallons (95-115 kg) of potable water and 300 to 450 pounds (135-203 kg) of clean, bagged silica sand (70 2 2 to 100 meSh). The application rate shalf be 0.04-0.05 gaflyd (0.23-0.29 kgfm - 180- 225 ft2/gal) of undiluted laykold ColorCoat Concentrate per coat. Each coat should be completely dry before applying subsequent coats. laykold ColorFlex is a highly recommended substitute for ColorCoat Concentrate on cushioned courts.

OPTIONAL FINISH COLOR COAT (1 coat)

Apply one coat of Laykold ColorCoat Concentrate finish batch mixture using a 24", 30" or 36" 50 Durometer flexible rubber squeegee. Batch mix shall consist of 55 gaffons (260 kg) of Laykold ColorCoat Concentrate and 55 gallons (210 kg) of 2 2 potable water. The application rate shaff be 0.03-0.04 gaflyd (0.17-0.23 kg/m - 225-300 fe/gal) of undiluted Laykold ColorCoat Concentrate per coat. Each coat should be completely dry before applying subsequent coats. Allow topcoat to cure a

Laykold ColorCoat Revision 5 Page 3 of 4 Issued 08122112 Supersedes 01121/09 minimum of 24 hours before applying game lines. Laykold ColorFlex is a highly recommended substitute for ColorCoat Concentrate on cushioned courts. A finish coat WILL produce a faster surface pace.

GAME LINES (1-2 coats as needed)

All lines are to be marked using masking tape according to U.S.T.A and AS.B.A specifications. Wait a minimum of 24 hours after final Color Coat before applying any line primer or line paint. Prime masked lines with Laykold Line Prime and allow to dry until primer becomes clear. Apply one to two coats as needed of Laykold Textured White Line Paint using a paint brush or roller. Remove masking tape immediately after lines are dry. Allow lines to dry a minimum of 24 hours before allowing play on court.

COVERAGES.

Actual coverage rates are dependent upon a variety of factors relative to the field application. The installer must assess the conditions prior to ordering material. Allowances must be made for waste in mixing, pouring, and field conditions.

LIMITATIONS

=> Minimum cure time for asphalt and concrete substrates is 30 days. => Do not apply over damp or wet substrates. => Do not apply coatings if extremely high humidity prevents drying. => Do not apply to surfaces during the out-gassing of vapor. => Minimum application and curing temperature 50°F (10°C). ~ Maximum substrate temperature 130°F (54°C). => Maximum moisture content of substrate is 4% or less. => Substrate temperature must be a minimum of 40 above the dew point. ~ Do not apply during inclement weather or when it is antiCipated. => Water used in all mixtures shall be fresh and potable.

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ADVANCED POLYMER TECHNOLOGY CORPORATION believes the information herein to be true, accurate and reliable. However, recommendations or suggestions are made without guarantee. Since conditions and disposal are beyond our control, ADVANCED POLYMER TECHNOLOGY CORPORATION disclaims any liability incurred in connection with the use of our products and information contained herein; no warranty, express or implied is given nor is freedom from any patent owned by ADVANCED POLYMER TECHNOLOGY CORPORATiON or others to be inferred.

laykoid ColorCoat Revision 5 Page 4 of 4 Issued 08/22112 Supersedes 01121/09 International Tennis Federation CourtPaoe ClasalflcatloD Advantagelalf(oldSV$lem ASSUPPUPlIIY' Advanced PoIVUlef'.Jechnolouv

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The Certification Body of TOV sOO AMERICA tNC.

109Conlca Lane Hannony.PA 16031 USA

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O~&1911 and Manufa·e·tUre of Polymer..&aaed Chemi.cal Product$ for the Construction and Chemica' .ndustry

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C~riiH~ .. _ R~it..tr~t~ No~ ~$1 04 2Sl0 inte(f1.:ltronai Tenols federation CourlP8ce ClasslnClIuon lavkold® OoiorcoatOOnQ8Dlrate SVSIIDI AS SUPPLIED 8' . Advanced Polvmerl.,cbnolouv .' ... lIAS BEEN CLASSifiED IS •. , . -, , ... ;. . ": . .01 ORY 3~MEDIUM

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Test Code: ITF CS/01/UH2-414 IIPirv Dato: 09101/2815 NOTE: ITF ClASSIFICATION DOES NOT IMPlY ANY fORM If ITF APPRDVAl OR EIIDORSEMENT LEED l~adars In E:netg;{ Efficient Oesign

Advanced Polymer Technology is dedicated to supplying its customers with quality products that not only possess exceptional physical properties, but also contribute to a "greener" environment. The following products could help in contributing towards gaining LEED points and certification: Regional Material: 1-2 points APT manufactures its products in Harmony, Pennsylvania. If your project site is within 500 miles from this location then APT products can contribute towards LEED pOints. Solar Reflective Index: 1-2 points eec Light Blue - 37 SRI eec Red -- 32 SRI eec Royal Purple - 36 SRI Rapidly Renewable Materials: 1 point Acrylic Resurfacer-0.3% eeC-0.3% Low Emitting Materials: 1 point Acrylic Resurfacer voe - 32.0 giL cee voe -- 29.5 gIL , SangJ' Ericsson 01~ern'i ~ ~ ~ .>. '" ;;

April 14~ 2008

Mr. Jeff Bryant Advanced Polymer Technology 740 Durham Terrace Brick, NJ 08724

Dear Jeff:

This letter is to conftttn the long standing relationship between Advanced Polymer Technology (Laykold) and the Sony Ericsson Open Tennis Tournament.

Since the tournament's inception in 1985, our championships have only been played on Laykold. We are very impressed with the playability and consistency ofLaykold. The response over the years fTOm the finest tennis players in the world continues to be excellent.

Congratulations for playing such an integral role as the Official Surlace of the Scny Ericsson Open.

SinCC[r1y,

~'~"""""""""'" i' /' ------._~"••.•. ~_, .. Adam Barrett CEO Sony Ericsson Open

150 Alhalllhra Cilcl~ Suite 825, Coral Gables, FL 33134 tel 30,,446·2200 fax 305·446·9080 sonyerkssonopen,cQm Produced by I itlG Deep Patch

Features and Benefits 1. General Description Laykold Deep Patch is a high strength acrylic cement modifier. An lfQuick:curing advantage of using Deep Patch is that it cures quickly making a hard, tough, and durable patch. Deep Patch does not contain v Environ me htally asbestos, lead, or Mercury. Friendly' Basic Uses: Deep Patch is designed for mixing with Portland cement and sand. It can be used over new or existing asphalt or lfCanbeuseq over concrete recreational surfaces. Deep Patch can also be used to fill .new or existIng cracks, and will not sink like elastomeric crack fillers. asphaltor 2. Safety Guidelines qQnorete Always wear the recommended personal protective equipment .recreational Avoid contact with eyes, skin, and clothing. surfaces·

3. Storage and Packaging ../Ooesnotcontain Oeep patch should be kept dry and cool. Storage temperature asbestos, Lead, should be between 4°C (40°F) and 32°C (90°F). orMerculy .

Packaging: 55 gallon drum (215 kgs/drum) or 6 gallon pailS (20 kgsl pail).

4. Coverage For thin patches of 3/8" or less: Premix 5 gallons dry, 90 mesh silica sand with 1 gallon of Type 1·,...'..""1'..,f-"'.""., ...... "".,,:;,~~~.-,~ ___~-"· Portland Cement. Add 2-3 gallons of Deep Patch, and mix thoroughly with a mechanical mixer. For patches %n or less: Premix 5 gallons dry, 60 mesh silica sand with 1 gallon of Type 1 Portland Cement. Add 2-3 gallons of Deep Patch, and mix thoroughly with a mechanical mixer. For patches greater than 3/4"; Patch in successive lifts, each no greater than %". Follow the previous mixing instructions. and leave the first coat in a rough condition to provide an additional mechanical bond, It is imperative that each coat is fully cured prior to application of the second coat. Deep Patch

5. Installation Guidelines The surface upon which Deep Patch is to be applied must be free of dirt, loose and flaking paint, vegetation, chemical or oily residues or any other substances that might inhibit good adhesion. Mechanically roughening the area will aid in adhesion, and should be done if the area is too smooth. Do not mix more material than can be placed in 15 minutes. A trowel or straight edge should be used to apply material. Should the material become stiff while working, dip tool in clean water for easier working. Edges of the patch should always be "feathered" so there is a smooth transition at the edge of the patch. It is sometimes necessary to use a coat of Acrylic Resurfacer mix to blend in the patch. Patches filled with Deep Patch must be allowed to thoroughly cure prior to applying the next coating application. Cure time depends on the depth of the patch, and may take up to 24 hours.

6. Limitations • Do not apply when surface temperature exceeds 130"F (54°C). • Do not apply when temperatures are below 50°F (10°C) or when rain is imminent. • Do not use calcium chloride or calcium chloride based mixtures in Deep Patch. • Drying time depends on weather and patch thickness. • DO NOT ADD WATER. Adjust viscosity by adding more Deep Patch. • Fresh hot mix asphalt surfaces continue to move for several months, and any acrylic modified concrete patch may have a tendency to crack as the substrate moves. • If you experience white staining over the patched area, you are probably using too much concrete in the mix.

7. Technical Data

VOC Aepeaffi~~c~e~ ______~ ______" __ ~~. ____~-4. __~~ ______~. *based on standard formula calculation

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

Consult the Material Safety Data Sheet I Safety Data Sheet for more details.

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

f\OVr~NttH f1U1:Vhwn HJ~H}·10lnbY (lJHPUHfdION tHh~:t+t {h~! inkot;fH!~H~ h€~lnh h L~ rf\;,>' ;1Ci~flnHG urd p;iqh!(\ HCNC/d, «Fr::QHH!F~nd(.lU,q:" {$I HN\?w;1g.n:> iW~ nvA{! '~\~H}(ml r~~~;f! ilM(}~), t~Ll~YdL :Hr {Hw0dd lA)~ tiJH~\nL ftOVAHCfO Ac.rylic Resurfacer

Features and Benefits 1. General Description ./ Doesnof90nt~iJi . Laykold Acrylic Resurfacer is a 100% acrylic-based emulsion blended with selected fibers and fillers. Acrylic Resurfacer '~Sb(;stos; Lead~or Mercury does not contain asbestos, lead, or Mercury. Acrylic Resurfacer when combined with silica sand is designed as .,/ 1PO'o/

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

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

Packaging: 55 gallon drum (260 kgs/drum) or 30 gallon drum (142 kgs/drum).

4. Coverage Laykold Acrylic Resurfacer coverage is approximately .05-.07 ga!s/yd2 (0.29-0.40 kgs/m2) (129 - 180 fF/gal) per application of undiluted material. Coverage may vary depending on pavement porosity or texture.

5. Installation Guidelines Once patching is complete, 1-2 applications of Laykold Acrylic Resurfacer shall be applied to the surface.

When adding water and silica sand, the Acrylic Resurfacer must then be mixed thoroughly until the material is consistent. Acrylic Resurfacer

The amount and size of the sand may be varied to achieve different textures and filling properties. A larger sand will have greater filling properties.

The mixed product shall be applied to the surface using a soft, rubber squeegee. The finished surface shall have a uniform appearance and be free of ridges and tool marks. If more than 1 application is applied, the 2nd application should be pulled at a 90° angle to the 1st application.

Acrylic Resurfacer Mixture 55 gallons of Acrylic Resurfacer 600-900 Ibs. of #60-#80 mesh silica sand 30-40 gallons of clean water

6. Limitations • Do not apply when surface temperature exceeds 130°F (54°C) • Do not apply when temperatures are below 50°F (10°C) or when rain is imminent. • Do not allow to freeze. • Do not over dilute with water.

7. Technical Data

Results based on temperature 0 t77 •F and 5 00%H0 urnl 'd' fly vac 32 g/L* Density 1.26-1.30 g/cm;j Viscosity 43,000-53,000 cPs T ensile Strength Avg. 0.75 N/mmL Elongation 2.5% "'based on standard formula calculation '-

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

Consult the Material Safety Data Sheet I Safety Data Sheet for more details.

For complete and latest warranty and product information, please visit www.advpolytech.com Advano::r1 Polymer Ted1l1o!ogy ColorCoat Il'J Hi,,,/,fwiik' . ~ !f'r Concentrate

1. General Description Laykold ColorCoat Concentrate is a wear-resistant, 100% acrylic emulsion consisting of high quality pigments and polymers that are ~ Int~rhationC11 blended into a concentrated form. ColorCoat Concentrate does Tennis not contain any asbestos, lead, or Mercury. An excellent advantage of the ColorCoat Concentrate product is that it can be Federation used for both the texture and finish coats, by job-mixing with water cfassified and/or silica sand to achieve the desired surface texture and speed of play. yr' 'Wear resistant Basic Uses: Laykold ColorCoat Concentrate can be applied to asphalt or properly prepared concrete for the protection and ;/ EnVironmentally beautification of many recreational surfaces, including tennis .frtendfy . courts, basketballs courts, playgrounds, handball courts, paddle tennis courts, shuffleboard, etc. ~Gan be used for Colors: C%rCoat Concentrate is available in seven (7) standard both te>4tyreand colors: Dark Green, Medium Green, Red, Dark Blue, Beige, Gray, finish coats and Burgundy. Other colors are available upon request. 2. Safety Guidelines v QontaiflS:nQ Always wear the recommended personal protective equipment. ~sbestos! Lead. Avoid contact with eyes, skin, and clothing. or MetotttrY

3. Storage and Packaging ./ Varityot:color ColorCoat Concentrate should be kept dry and cool. Storage options temperature should be between 4°C (40°F) and 32°C (90°F).

Packaging: 55 gallon drum (260 kgs/drum) or 30 gallon drum (142 kgs/drum). 4. Coverage 2 2 Texture coat coverage is approximately .04-.05 gals/yd (0.23-0.29 kgs/m ) (180-225 fe/gal) per application of undiluted material. 2 2 Finish coat coverage is approximately .03-.04 gals/yd (0.17-0.23 kgs/m ) (225-300 fe/gal) per application of undiluted materia!. Coverage may vary depending on pavement porosity and texture. 5. Installation Guidelines Existing surface shall be dry, clean, free from aU dirt, dust and foreign debris, and shall be dry. New asphalt and concrete should be allowed a 3~-day curing period before applying any coatings. If ColorCoat Concentrate is to be applied over concrete, please refer to the Laykold Concrete ColorCoat Concentrate Primer technical data sheet Prior to application of any coatings, the entire area should be flooded with water and checked for depressions of 1/16" or greater. Depressions shall be leveled using Laykold Deep Patch. Refer to individual technical data sheets for mixture application details. Once patching is complete, 1-2 applications of Laykold NuSurf, Acrylic Resurfacer or Asphalt Resurfacer, as specified, shall be applied to the surface. Refer to the individual technical data sheets for mixture and application details. Please note that resurfacer coats may NOT be necessary over previously coated surfaces that are in good condition. When adding water and/or silica sand, the ColorCoat Concentrate must then be mixed thoroughly until the material is consistent. The amount and size of sand may be varied to achieve different textures and filling properties. A larger sand will slow the speed of play.

Texture CoiorCoat Mixture 55 gallons of ColorCoat Concentrate 300-450 ibs. of #70-#1 00 mesh silica sand 25-35 gallons of clean water

Finish ColorCoat Mixture 55 gallons of ColorCoat Concentrate 50-55 gallons of clean water The mixed product shall be applied to the surface using a soft, rubber squeegee. Two (2) applications of ColorCoat (minimum) are necessary and should be pulled at 90 0 angles. The final coat should be pulled parallel to the net. 6. Limitations

• Do not apply when surface temperature exceeds 130°F (S4°C). • Do not apply when temperatures are below 50°F (1 DoC) or when rain is imminent. • Do not allow to freeze. • Do not over dilute with water. • Drying time of 2 - 4 hours depending on weather conditions. • Minimum 1 hour to recoat. • For indoor applications, sand should NOT be added to the final coat. 7. Technical Data Results based ontemperatul'e of nOF and 50% Humidity VOC ----,------'--..,----,,-.-.,----, d.~?~9,{L* '--'--'3----~'~------Densi~·------1.25-1.29 g/cm -Viscosity 30,000 -40,000 cPs Tensile Strength Top Layer Results Avg. 3.73 N/mm2 ~Iona~on _, ___. ____ .. __ .. __ ...... __ ._~... "' J2.eJ::.§y,er Re~ults Avg.19.7% Abrasion Top Layer Results 319.3 mg loss "'based on standard formula calculatIOn Above figures are guide values and should not be used as base for specifications.

Consult the Material Data Sheet / Safety Data Sheet for more details.

For complete and latest warranty and product information, please visit www.advpolytech.com Advanced POlymer Technology LavI

Features and Benefits 1. General Description Laykold Line Prime is a 100% acrylic clear drying emulsion primer ./ Crisp. Sharp lines that is applied prior to Laykold White Line Paint. The use of Laykold Line Prime assures crisp, sharp lines and a professional ./ PrQfessional quality finish to the court surface. Laykold Line Prime does not contain any asbestos, Lead, or Mercury. quality finish V"Environmentally Basic Uses: Designed to fill the minor voids between the tape and friendly the court surface. 2. Safety Guidelines V" Does not contain Always wear the recommended personal protective equipment. any asbestos, Avoid contact with eyes, skin, and clothing. Lead, or Mercury

3. Storage and Packaging ./ One component Line Prime should be kept dry and cool. Storage temperature should not exceed 100°F. Do not store in direct sunlight.

Packaging: 5 gallon pails (21.3 kgs/paiQ

4. Coverage Depending on the surface porosity and texture the consumption rate is 500 - 600 feet of 2" line per gaHon. One set of lines typically requires 1-9allon of Laykold Line Prime.

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

6. Limitations • Do not apply when surface temperature exceeds 130°F (S4°C) • Do not apply when temperatures are below 50°F (10°C) • Do not allow product to freeze. • Do not dilute with water. Line Prime

• Completed projects should be allowed a minimum for 48 hours drying time before releasing for play. CAUTION: acrylic coatings can take 2 to 4 weeks to fully cure depending on weather conditions. • Do not apply when rain is imminent.

7. Technical Data

Results based on temperature of 77"F and 50% Humidity

FlammabilitY.: Non-Flammable Flash Point None Color Milky White, clear when dry

Above figures are guide values and should not be used as base for speCifications.

Consult the Material Data Sheet / Safety Data Sheet for more details.

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

ltcHNOltmy C(;t1PDPbJHJN bd~(f~j()$'1h~~ (qt}}t{rH~~on hft~Al t; t~ Hj{~\ ~k?~,"V~fL ~ ~tr-AHnq'd0:ti~t(c; {v Advanced PO!YOWf technnlogy White Line APT HiJl·!dlti;{.· •.. !!\\ii.\' '.H'r Paint

Features and Benefits 1. General Description Laykold White Line Paint is a water-based, 100% acrylic V" EnvironJnentalJy emulsion line marking paint. Formulated without solvents or . fri~nqly' oils that tend to attack the underlying surface. V"Waterb~sed Laykold White Line Paint is also environmentally friendly containing no asbestos, Lead, or Mercury. v' GOhtainsno Basic Uses: Laykold White Line Paint is used for marking solvent.s or'Qils lines over color coating materials on tennis courts, basketball courts, and other recreational surfaces. ./ Contains no asbestos, Lead,. 2. Safety Guidelines or Mercury; Always wear the recommended personal protective equipment. Avoid contact with eyes, skin, and clothing. ./GoQdhidihQ .,properties 3. Storage and Packaging Laykold White Line Paint should be kept dry and cool. Storage temperature should be between 4°C (40°F) and 32°C (90°F).

Packaging: 5 gallon unit or 2 gallon unit (2 gallon units are packaged in jugs at 1 gallon each).

4. Coverage Laykold White Line Paint coverage is approximately 0.75-1 gallon(s) (3.9 - 5.2 kgs) of line paint per standard size tennis court.

5. Installation Guidelines Wait approximately 24 hours, after applying color coatings, before applying White Line Paint. For indoor installations, wait until color coating materials are thoroughly cured.

Mix Laykold White Line Paint completely before applying. Do NOT add water. Tape and measured lines should be in accordance with the United States Tennis and Track Builders Association specifications. White Line Paint Using a high quality roller, roll line paint for 1-2 coats, as specified. To improve crispness of the finished line, prime the tape, prior to application of the line paint, with the same finish color coat material in which the surface has been coated.

6. Limitations • Do not apply when surface temperature exceeds 130° (S4°C). • Do not apply when temperatures are below SO°F (10°C) or when rain is imminent. • Do not allow to freeze. • Do not dilute. • Drying time of 2-4 hours depending on weather conditions.

7. Technical Data

*based on standard formula calculation

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

Consu't the Material Safety Data Sheet I Safety Data Sheet for more detaifs.

For complete and latest warranty and product information, please visit www.advpolytech.com Material Safety Data Sheet MSDS Advanced Polymer Technology ACRYLIC DEEP PATCH MSDS Number: 5978 Revision Date: 02/03/2011 Page 1 of 5

_ PRODUCT AND COMPANY IDENTIFICATION

Manufacturer Advanced Polymer Technology P.O. Box 160 109 Conica Lane Harmony, PA 16037 Contact: Senior Chemist Telephone Number:724-452-1330 FAX Number: 724-452-1703 E-Mail: [email protected] Web www.aovpolytech.com

Product Name: ACRYLIC DEEP PATCH Revision Date: 02103/2011 MSDS Number: 5978 Chemical Family: Acrylic Emulsion Mixture This product is not hazardous under the criteria of the Federal OSHA Hazard Communication Standard 29 CFR 1910.1200.

Transportation emergency phone number: Chemtel 800-255-3924

_ HAZARDS IDENTIFICATION

Route of Entry: Inhalation, eye and skin contact. Target Organs: Eyes; Skin; Respiratory System; Inhalation: Prolonged exposure to vapors and mists may irritate the nose and throat. Skin Contact: Prolonged or repeated skin contact may cause irritation. Eye Contact: Direct eye contact may result in eye irritation. Ingestion: There are no known Significant toxic effects observed for products of this chemical family. Swallowing can result in irritation of the digestive tract. Symptoms can include sore throat, abdominal pain, nausea, vomiting and diarrhea.

IIIIIIIIIIII_C_O_M__PO_S_I_T_IO_N_/I_N_F_O_R_M_A_Tl_O_N_O_N __ IN_G_R_E_D_IE_N_T_S ______

Ingredients: Cas # Chemical Name Perc. 7732185 1 water I 50-55% 7664417 Ammonia I <0.2% 25852373 I 2-propenoic acid, 2-methyl-. methyl ester, polymer with butyl 2-propenoate 46-48% OSHA Regulatory Status: This MSDS contains valuable information critical to the safe handling and proper use of this product. This MSDS should be retained and available for employees and other users of this product. Material Safety Data Sheet MSDS Advanced Polymer Technology ACRYLIC DEEP PATCH MSDS Number: 5978 Revision Date: 02103/2011 Page 2 of 5

_ FIRST AID MEASURES

Inhalation: If symptoms develop, move victim to fresh air. If symptoms persist, obtain medical attention. Skin Contact: In case of skin contact, remove any contaminated clothing and wash skin thoroughly with soap and water. Wash contaminated clothing thoroughly before reuse. Eye Contact: If splashed into the eyes, flush with clean, lukewarm water (low pressure) for 15 minutes or until irritation subsides. If irritation persists, call a physician. Ingestion: DO NOT INDUCE VOMITING. Give 1 to 2 cups of milk or water to drink. DO NOT GIVE ANYTHING BY MOUTH TO AN UNCONSCIOUS PERSON. Get prompt, qualified medical attention.

_. FIRE FIGHTING MEASURES

Flash Point: Not combustible Flash Point Method: N.A. Water, C02, dry chemical, foam. Emergency equipment including self-contained breathing apparatus and full protective clothing should be worn by tire fighters. Use cold water spray to cool tire exposed containers to minimize risk of rupture. During a fire, irritating and toxic gases may be generated by thermal decomposition or combustion.

_ ACCIDENTAL RELEASE MEASURES

Dike or Impound material and control further spillage if feasible. Contain with inert absorbent material such as sand. dry earth, etc. Transfer to containers for recovery or disposal. Keep out of municipal sewers and open bodies of water. Flush area with water. Floors may be slippery and care should be exercised to avoid falls.

_ HANDLING AND STORAGE

Handling Precautions: Containers should be tightly closed to prevent contamination with foreign materials. After partial use, containers must be tightly closed and used up as soon as possible. If contamination is suspected, do not reseal containers. Employee education and training in safe handling of this product are recommended. Do not get into eyes. Avoid prolonged skin contact Storage Requirements: Store in cool/dry area between 40-90 DEG F (4-32 DEG C). This material is storable for at least one year in sealed and unopened containers when kept dry and cool. Avoid freezing temperatures (below 32 F or 0 C) since product quality may be adversely effected.

_ EXPOSURE CONTROLSfPERSONAL PROTECTION

Engineering Controls: Educate and train employees in safe use of this product. Follow all label instruction. All ventilation should be designed in accordance with OSHA standard (29 CFR 1910.94). Protective Equipment: VENTILATION: Supplemental ventilation not normally required other than to provide a more rapid drying time in poorly ventilated areas. RESPIRATORY PROTECTION: Not normally required. EYE PROTECTION: Splash goggles. SKIN PROTECTION: Waterproof gloves, long sleeve shirt and long pants are adequate. Launder when soiled. Shoes should be discarded if saturated with spilled material. Material Safety Data Sheet MSDS Advanced PI[)lymer Technology ACRYLIC DEEP PATCH MSDS Number: 5978 Revision Date: 02103/2011 Page 3 of 5 Exposure Guidelines/Other: Exposure Limits for Ammonia

OSHA STEL: 35ppm OSHA TWA: none

ACGIH STEL: 35ppm ACGIH TLV: 25ppm

_ PHYSICAL AND CHEMICAL PROPERTIES

Appearance: Milky White Liquid Physical State: Liquid Boiling Point: 212 F (100 C) Odor: Ammonia Freezing/Melting Pt.: 32 F (0 C) pH: NA Solubility: Readily mixes with water. Vapor Pressure: 60 mmHg @ 100 F (37,8 C) Spec Grav.lDenslty: 1,00 @ 68 DEG F (20 DEG C) Vapor Density: <1,00

VOC: o gIL Percent Volatile: 50-55% (water)

~-BIi.ITY AND REACTIVITY

Stability; Product is stable under normal conditions. Conditions to avoid: N.A. Materials to avoid (incompatablllty): Strong Oxidizing Agents. Hazardous Decomposition products; May produce fumes of toxic monomers and oxides of carbon when heated to decomposition. Hazardous Polymerization: Will not occur.

The information shown in the HEALTH EFFECTS FROM OVEREXPOSURE is based on the toxicity profiles for a number of acrylic emulsions that are compositionallysimilar to this product. Tpypical data are: Dermal LD50 - rabbit: >5000 mglkg Oral LD50 - rat >5000mg/kg Skin Irritation - rabbit: practically non-irritating Eye Irritation - rabbit: incosequential irritation Material Safety Data Sheet MSDS Advanced Polymer Technology ACRYLIC DEEP PATCH MSDS Number: 5978 Revision Date: 02/03/2011 Page 4 of 5 ~~_O_G_I~C_A_L_IN_F_O_R_M_A_T_IO__ N______~ ______~

Bioaccumulative potential: Not established

Ecotoxicity: Not established Elimination (persistency and degradability): Not established

_ DISPOSAL CONSIDERATIONS

Waste and container disposal must be in accordance with federal, state or focal environmental control regulations. Empty containers must be handled with care due to product residue. DO NOT HEAT OR CUT EMPTY CONTAINERS WITH ELECTRIC OR GAS TORCH. Recommendation: consultation with the disposal agency and the relevant authorities; cleansing agent is water.

IIIIIIIIIIIIL!RANSPO_R_T_I_N_F_O_R_M_A_TI_O_N______. ______~

DOT (HM-181i DOMESTIC SURFACE)

UN/NA NUMBER: none D.O.T. SHIPPING NAME: Acrylic Emulsion Mixture O.O.T. HAZARD CLASS: NON REGULATED PACKAGING GROUP: none O.O.T. LABEL: none D.O.T. PLACARD: none

ICAO/IATA (AIR)

UN NUMBER: none PROPER SHIPPING NAME: Acrylic Emulison Mixture HAZARD CLASS DIVISION NUMBER: NON REGULATED SUBSIDIARY RISK: none PACKING GROUP: none HAZARD LABEL(S): none RADIOACTIVE?: Non-radioactive PASSENGER AIR - MAXIMUM QUANTITY: none PACKING INSTRUCTION NUMBER; none CARGO AIR - MAXIMUM QUANTITY: none PACKING INSTRUCTION NUMBER: none

IMO/IMDG CODE (OCEAN)

UN NUMBER: none PROPER SHIPPING NAME: Acrylic Emulsion Mixture HAZARD CLASS DIVISION NUMBER: NON REGULATED PACKING GROUP: none HAZARD LABEL(S): none HAZARD PLACARD(S); none Material Safety Data Sheet MSDS Advanced Polymer Technology ACRYLIC OEEP PATCH MSDS Number: 5978 Revision Date: 02/03/2011 Page 5 of 5 IDIIIIIIIIIII REGULATORY INFORMATION COMPONENT / (CAS/PERC) / CODES *Ammonia (7664417 <0.2%) CERCLA, CSWHS, EHS302, EPCRAWPC, MASS, NJEHS, NJHS, OSHAPSM, OSHAWAC, PA, SARA313, TXAIR *2-Propenoic acid, 2-methyl-, methyl ester, polymer with butyl 2-propenoate (25852373 46- 48%) TSCA TSCA: All components in this mixture are included on the TSCA inventory.

REGULATORY KEY DESCRIPTIONS CERCLA = superfund clean up substance CSWHS = clean Water Act Hazardous substances EHS302 = Extremely Hazardous Substance EPCRAWPC = EPCRA water priority chemicals MASS = MA Massachusetts Hazardous substances List NJEHS = NJ Extraordinarily Hazardous substances NJHS = NJ Right-to-Know Hazardous substances OSHAPSM = OSHA Chemicals Requiring process safety management OSHAWAC = OSHA Workplace Air Contaminants PA = PA Right-To-Know List of Hazardous substances SARA313 = SARA 313 Title III Toxic chemicals TXAIR = TX Air Contaminants with Health Effects screening Level TSCA = Toxic substances Control Act

_ OTHERINFORMATlON

Di sel a; mer: Although reasonable care has been taken in the preparation of this document, we extend no warranties and make no representations as to the accuracy or completeness of the information contained herein, and assume no responsibility regarding the suitability of this information for the user's intended purposes or for the consequences of its use. Each individual should make a determination as to the suitability of the information for their particular purpose(s).

END OF MSDS DOCUMENT Material Safety Data Sheet MSDS Advanced Polymer Technology ACRYLIC RESURFACER BLACK MSDS Number: 5073 Revision Date: 02/03/2011 Page 1 of 5

_ PRODUCT AND COMPANY IDENTIFICATION

Manufacturer Advanced Polymer Technology P.O. Box 160 109 Conica Lane Harmony, PA 16037 Contact: Senior Chemist Telephone Number:724-452-1330 FAX Number: 724-452-1703 E-Mail: [email protected] Web www.aovpolytech.com

Product Name: ACRYLIC RESURFACER BLACK Revision Date: 02/03/2011 MSDS Number: 5073 Chemical Family: Acrylic Emulsion Mixture This product is not hazardous under the criteria of the Federal OSHA Hazard Communication Standard 29 CFR 1910.1200.

Transportation emergency phone number: Chemtel 800-255-3924

_ HAZARDS IDENTIFICATION

Route of Entry: Inhalation, eye and skin contact. Target Organs: Eyes; Skin; Respiratory System; Inhalation: Prolonged exposure to vapors and mists may irritate the nose and throat. Skin Contact: Prolonged or repeated skin contact may cause irritation. Eye Contact: Direct eye contact may result in eye irritation. Ingestlon: There are no known significant toxic effects observed for products of this chemical family. Swallowing can result in irritation of the digestive tract. Symptoms can include sore throat, abdominal pain, nausea, vomiting and diarrhea.

_ COMPOSITION/INFORMATION ON I._N_G_R_E_D_IE_N_T_S______=-:J

Ingredients: Cas # chemical Name Perc. 1317653 1 calcium carbonate 20-40% proprietary Acrylic Polymer 20-40% 7732185 I Water 10-20% 14807966 I Talc (Mg3H2(Si03)4) 5-15% 1333864 I Carbon black 2-10% 107211 I Ethylene glycol 1-5% OSHA Regulatory Status: This MSDS contains valuable information critical to the safe handling and proper use of this product. This MSDS should be retained and available for employees and other users of this product. Material Safety Data Sheet MSDS Advanced Polymer Technology ACRYLIC RESURFACER BLACK MSDS Number: 5073 Revision Date: 02103/2011 Page 2 of 5

_ FIRST AID MEASURES

Inhalation: If symptoms develop, move victim to fresh air. If symptoms persist, obtain medical attention. Skin Contact: In case of skin contact, remove any contaminated clothing and wash skin thoroughly with soap and water. Wash contaminated clothing thoroughly before reuse. Eye Contact: If splashed into the eyes, flush with clean, lukewarm water (low pressure) for 15 minutes or until irritation subsides. If irritation perSists, call a physiCian, Ingestion: DO NOT INDUCE VOMITING. Give 1 to 2 cups of milk or water to drink. DO NOT GIVE ANYTHING BY MOUTH TO AN UNCONSCIOUS PERSON. Get prompt, qualified medical attention.

_ FIRE FIGHTING MEASURES

Flash Point: Not combustible Flash Point Method: N.A. Water, C02, dry chemical, foam. Emergency equipment including self-contained breathing apparatus and full protective clothing should be worn by fire fighters. Use cold water spray to cool fire exposed containers to minimize risk of rupture. During a fire, irritating and toxic gases may be generated by thermal decomposition or combustion.

_ ACCIDENTAL RELEASE MEASURES

Dike or impound material and control further spillage If feasible. Contain with inert absorbent material such as sand, dry earth, etc. Transfer to containers for recovery or disposal. Keep out of municipal sewers and open bodies of water. Flush area wilhwater. Floors may be slippery and care should be exercised to avoid falls.

_ HANDLING AND STORAGE

Handling Precautions: Containers should be tightly closed to prevent contamination with foreign materials. After partial use, containers must be tightly closed and used up as soon as possible. If contamination is suspected, do not reseal containers. Employee education and training in safe handling of this product are recommended. Do not get into eyes. Avoid prolonged skin contact Storage Requirements: Store in coolfdry area between 40-90 DEG F (4-32 DEG C). This material is storable for at least one year in sealed and unopened containers when kept dry and cool. Avoid freezing temperatures (below 32 F or 0 C) since product quality may be adversely effected.

_ EXPOSURE CONTROLS/PERSONAL PROTECTION

Engineering Controls: Educate and train employees in safe use ofthis product. Follow all label instruction. Al! ventilation should be designed in accordance with OSHA standard (29 CFR 1910.94). Protective Equipment: VENTILATION: Supplemental ventilation not normally required other than to provide a more rapid drying time in poorly ventilated areas. RESPIRATORY PROTECTION: Not normally required. EYE PROTECTION: Splash goggles. SKIN PROTECTION: Waterproof gloves, long sleeve shirt and long pants are adequate. Launder when soiled. Shoes should be discarded if saturated with spilled Material Safety Data Sheet MSDS Advanced Polymer Technology ACRYLIC RESURFACER BLACK MSDS Number. 5073 Revision Date: 02/03f2011 Page 3 of 5 material. Exposure Guidelines/Other: Exposure Limits: Not Established

_ PHYSICAL AND CHEMICAL PROPERTIES

Appearance: Viscous Colored Liquid ~hysfcal State: Liquid BOiling Point: 212 F (100 C) Odor: Slight Amine Odor Freezing/Melting Pt.: 32 F (0 C) pH; NA Solubility: Readily mixes with water. Vapor Pressure: 60 mmHg @ 100 F (37.8 C) Spec Grav.lDensity: 1.26 @ 68 DEG F (20 DEG C) Vapor Density: Not established

VQC: 32 giL Percent Volatile: 45-50% (water)

_ STABILITY AND REACTIVITY :I Stability: Product is stable under normal conditions. Conditions to avoid: Temperatures less than 32 DEG F (O DEG C). Freezing may effect the quality of the product Materials to avoid (incompatability): Strong Oxidizing Agents. Hazardous Decomposition products: May produce fumes of toxic monomers and oxides of carbon when heated to decomposition. Hazardous Polymerization: May occur if in contact with moisture or other materials which react with isocyanates. May occur at temperatures over 400 DEG F (204 DEG C).

_' TOXICOlOGICAllNFORMATION ACUTE TOXICITY Peroral Rat; LD50 => 2000 mg/kg Percutaneous Rat; LD50 => 2000 mgfkg SIGNIFICANT DATA WITH POSSIBLE RELEVANCE TO HUMANS Trace amounts of formaldehyde may be generated under acid conditions. Maintain adequate ventilation under these conditions to prevent exposure above the current OSHA limits IDIIIIIIIIIII ECOlOGICA~INFOR_M_A_T_IO_N______J Toxicity to Micro-organisms IC50 Result value: > 2000 mgt!

Toxicity to Aquatic Invertebrates Daphnia; EC50 Result value: > 1000 mgll Material Safety Data Sheet MSDS Advanced Polymer Technology ACRYLIC RESURFACER BLACK MSDS Number: 5073 Revision Date: 02103/2011 Page 4 of 5

Toxicity to Fish Fathead Minnow; LC50 Result value: > 1000 mgtl

_ DISPOSAL CONSIDERATIONS

Waste and container disposal must be in accordance with federal, state or local environmental control regulations. Empty containers must be handled with care due to product residue. DO NOT HEAT OR CUT EMPTY CONTAINERS WITH ELECTRIC OR GAS TORCH. Recommendation: consultation with the disposal agency and the relevant authorities; cleansing agent is water.

_ TRANSPORT INFORMATION

DOT (HM-181: DOMESTIC SURFACE)

UN/NA NUMBER: none D.O.T. SHIPPING NAME: Acrylic Emulsion Mixture D.O.T. HAZARD CLASS: NON REGULATED PACKAGING GROUP: none D.O.T. LABEL: none D.O.T. PLACARD: none

ICAOIIATA(A1R}

UN NUMBER: none PROPER SHIPPING NAME: Acrylic Emulison Mixture HAZARD CLASS DIVISION NUMBER: NON REGULATED SUBSIDIARY RISK: none PACKING GROUP: none HAZARD LABEL(S): none RADIOACTIVE?: Non-radioactive PASSENGER AIR - MAXIMUM QUANTITY: none PACKING INSTRUCTION NUMBER: none CARGO AIR - MAXIMUM QUANTITY: none PACKING INSTRUCTION NUMBER: none

IMO/IMDG CODE (OCEAN)

UN NUMBER: none PROPER SHIPPING NAME: Acrylic Emulsion M!xture HAZARD CLASS DIVISION NUMBER: NON REGULATED PACKING GROUP: none HAZARD LABEL(S): none HAZARD PLACARD(S): none

_ REGULATORYINFORMA1l0N COMPONENT / (CAS/PERC) / CODES *calcium carbonate (1317653 20-40r.0 MASS, OSHAWAC, PA, TXAIR Material Safety Data Sheet MSDS Advanced Polymer Technology ACRYliC RESURFACER BLACK MSDS Number: 5073 Revision Date: 02/03/2011 Page 5 of 5 *Talc (Mg3H2(Si03)4) (14807966 5-15%) MASS, OSHAWAC, PA, TXAIR *Ethylene glycol (107211 1-5%) CERCLA, HAP, MASS, NJHS, OSHAWAC, PA, SARA313, TXAIR *carbon black (1333864 2-10%) MASS, OSHAWAC, PA, TXAIR

TSCA: All components in this mixture are included on the TSCA inventory.

REGULATORY KEY DESCRIPTIONS MASS = MA Massachusetts Hazardous substances List OSHAWAC = OSHA Workplace Air contaminants PA = PA Right-To-Know List of Hazardous substances TXAIR = TX Air contaminants with Health Effects screening Level

CERCLA = superfund clean up substance HAP = Hazardous Air pollutants NJHS = NJ Right-to-Know Hazardous substances SARA313 = SARA 313 Title III Toxic chemicals

_ OTHER INFORMATION

Di scl a; mer: Although reasonable care has been taken in the preparation of this document, we extend no warranties and make no representations as to the accuracy or completeness of the information c~rrtailied herein, and assume no responsihn; ty regard; ng the sui tabil i ty of thi s informati on for the user's intended purposes or for the consequences of its use. Each individual should mal

END OF MSDS DOCUMENT Material Safety Data Sheet MSDS Advanced P()lymer Technology COLORCOAT CONCENTRATE MSDS Number: 6194 Revision Date: 02/03/2011 Page 1 of 5

_ PRODUCT AND COMPANY IDENTIFICATION

Manufactur£!r Advanced Polymer Technology P.O. Box 160 109 Conica Lane Harmony, PA 16037 Contact: Senior Chemist Telephone Number:724-452-1330 FAX Number: 724-452-1703 E-Mail: [email protected] Web www.aavpolytech.com

Product Name: COLORCOAT CONCENTRATE Revision Date: 02/03/2011 MSDS Number: 6194 Chemical Family: Acrylic Emulsion Mixture This product is not hazardous undedhe criteria of the Federal OSHA Hazard Communication standard 29 CFR 1910.1200. Transportation emergency phone number: Chemtei 800-255-3924

_ HAZARDS IDENTIFICATION

Route of Entry: Ingestion. eye and skin contact. Target Organs: Skln; Eyes; Gastrointestinal Tract; Inhalation: Prolonged exposure to vapors and mists may irritate the nose and throat. Skin Contact: Prolonged or repeated skln contact may cause irritation. Eye Contact: Direct eye contact may result in eye irritation. Ingestion: There are no known significant toxic effects observed for products of this chemical family. Swallowing can result in irritation of the digestive tract. Symptoms can include sore throat, abdominal pain, nausea, vomiting and diarrhea.

__C_O_M_PO_S_I_T_IO_N_/I_N_F_O_R_M_A_T1_0_N_O_N_IN_G_R_E_D_IE_N_T_S ______~-_--'

Ingredients: Cas # Chemical Name Perc. 25035692 2-Propeno;c acid, 2-methyl-, polymer wit 15-25% 9036195 I. Poly(oxy-l.2-ethanediyl), .alpha.-[(l,l, 0.3-1% 7664417 I Ammonia 0.03-0.1% 7732185 I Water 20-40% 1317653 ll calcium carbonate 10-30% 107211 i Ethylene glycol 1-5% 14807966 Talc (Mg3H2(Si03)4) I· 3-10% 25265774 Propanoic acid, 2-methyl-, monoester wit 1% May contain 1333864 I Carbon black <3% 1308389 Chromium (III) oxide 5-15% Material Safety Data Sheet MSDS Advanced P<()lymer Technology COLORCOAT CONCENTRATE MSDS Number: 6194 Revision Date: 02/03/2011 Page 2 of 5 1309371 Iron oxide (Fe203) 5-15% 13463677 Titanium oxide (Ti02) 5-15%

OSHA Regulatory Status: This MSDS contains valuable information critical to the safe handling and proper use of this product. This MSDS should be retained and available for employees and other users of this product.

_ FIRST AID MEASURES

Inhalation: If symptoms develop, move victim to fresh air. If symptoms persist, obtain medical attention. Skin Contact: In case of skin contact, remove any contaminated clothing and wash skin thoroughly with soap and water. Wash contaminated clothing thoroughly before reuse. Eye Contact: If splashed into the eyes, flush with clean, lukewarm water (lOW pressure) for 15 minutes or until irritation subsides. If irritation perSists, call a phYSIcian. Ingestion: DO NOT INDUCE VOMITING. Give 1 to 2 cups of milk or water to drink. DO NOT GIVE ANYTHING BY MOUTH TO AN UNCONSCIOUS PERSON. Get prompt, qualified medical attention. MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE: None known.

_ FIRE FIGHT_IN_G_M_E_A_SU_R_E_S______--l

Flash Point: N.A. Flash Point Method: N.A. Autoignilion Temperature: N.A. LEL: NA UEL: NA Flammability Classification: Not combustible, Water, C02, dry chemical, foam. Emergency equipment including self-contained breathing apparatus and full protective clothing should be wom by fire fighters. Use cold water spray to cool fire exposed containers to minimize risk of rupture. During a fire, irritating and toxic gases may be generated by thermal decomposition or combustion.

Dike or Impound materia! and control further spillage if feasible, Contain with inert absorbent material such as sand, dry earth, etc. Transfer to containers for recovery or disposal. Keep out of municipal sewers and open bodies of water. Flush area with water. Floors may be slippery and care shOUld be exercised to avoid falls.

_ HANDLING AND STORAGE

Handling Precautions: Containers should be tightly closed to prevent contamination with foreign materials. After partial use, containers must be tightly closed and used up as soon as possible, If contamination is suspected, do not reseal containers. Employee education and training in safe handling of this product are recommended. Do not get into eyes. Avoid prolonged skin contact Storage Requirements: Store in cool/dry area between 40-90 DEG F (4-32 DEG C). This material is storable for at least one year in sealed and unopened containers when kept dry and cool. Avoid freezing temperatures (below 32 F or 0 C) since product quality may be adversely effected. Material Safety Data Sheet MSDS Advanced Polymer Technology COLORCOATCONCENTRATE MSDS Number: 6194 Revision Date: 02/03/2011 Page 3 of 5

_ EXPOSURE CONTROLS/PERSONAL PROTECTION

Engineering Controls: Educate and train employees in safe use of this product. Foffow all label instruction. All ventilation should be designed in accordance with OSHA standard (29 CFR 1910.94). Protective Equipment: VENTILATION: Supplemental ventilation not normally required other than to provide a more rapid drying time in poorly ventilated areas. RESPIRATORY PROTECTION: Not normally required. EYE PROTECTION: Splash goggles. SKIN PROTECTION: Waterproof gloves, long sleeve shirt and long pants are adequate. Launder when soiled. Shoes should be discarded if saturated with spilled material. Exposure Guidelines/Other: Exposure Limits: Not Established

_ PHYSICAL AND CHEMICAL PROPERTIES

Appearance: Viscous colored liquid Physical State: Liquid Bolling Point: 212 F (100 C) Odor: Ammonia Freezing/Melting Pt: 32 F (0 C) pH: 9-10 Solubility: Readily mixes with water. Vapor Pressure: 60 mmHg @ 100 F (37.8 C) Spec Grav.lDenslty: 1.26 @ 77 DEG F (25 DEG C) Vapor Density: < 1

VaG: 29.5 gIL Percent Volatile: 45-50% (water)

_ STABILITY AND REACTIVITY

Stability: Product is stable under normal conditions. Conditions to avoid: Temperatures less than 32 DEG F (0 DEG C). Freezing may effect the quality of the product Materials to avoid (incompatabllity): Strong Acids; Hazardous Decomposition products: May produce fumes of toxic monomers and oxides of carbon when heated to decomposition. Hazardous Polymerization: \/ViII not occur. _ TOXICOLOGICAL INFORMATION J ACUTE TOXICITY Peroral Rat; LD50 = > 2000 mg/kg Percutaneous Rat; LD50 => 2000 mg/kg SIGNIFICANT DATA WITH POSSIBLE RELEVANCE TO HUMANS Trace amounts of formaldehyde may be generated under acid conditions. Maintain adequate Material Safety Data Sheet MSDS Advanced P,olymer Technology COLORCOAT CONCENTRATE MSDS Number: 6194 Revision Date: 02/0312011 Page 4 of 5 ventilation under these conditions to prevent exposure above the current OSHA limits

_ ECOLOGICAL INFORMATION

Toxicity to Micro-organisms IC50 Result value: > 2000 mg/l

Toxicity to Aquatic Invertebrates Daphnia; EC50 Result value: > 1000 mgf!

Toxicity to Fish Fathead Minnow; LC50 Result value: > 1000 mgt!

_ DISPOSAL CONSIDERATIONS

Waste and container disposal must be in accordance with federal, state, and local environmental control regulations. Incineration is the preferred method. Empty containers must be handled with care due to product residue. Decontaminate prior to disposal. DO NOT HEAT OR CUT EMPTY CONTAINERS WITH ELECTRIC OR GAS TORCH.

_ TRANSPORT INFORMATION

Not hazardous product according to these transport classifications. D.O.T. SHIPPING NAME: ACRYLIC EMULSION MIXTURE D.O.T. HAZARD CLASS: NiA UN/NA NO: N/A D.O.T. LABELS REQUIRED: N/A D.O.T. PLACARDS: N/A _i REGULATORY INFORMATION COMPONENT / (CAS/PERC) / CODES kAmmonia (7664417 0.03-0.1%) CERCLA, CSWHS, EHS302, EPCRAWPC, MASS, NJEHS, NJHS, OSHAPSM, OSHAWAC, PA, SARA313, TXAIR "'calcium carbonate (1317653 10-30%) MASS, OSHAWAC, PA, TXAIR *Ethylene glycol (107211 1-5%) CERCLA, HAP, MASS, NJHS, OSHAWAC, PA, SARA313, TXAIR kcarbon black (1333864 <3%) MASS, OSHAWAC, PA, TXAIR "'Chromium (III) oxide (1308389 5-15%) MASS

"'Iron oxide (Fe203) (1309371 5-15~ MASS, OSHAWAC, PA, TXAIR kTitanium oxide (Ti02) (13463677 5-15%) MASS, OSHAWAC, PAt TXAIR "'Talc (Mg3H2(Si03)4) (14807966 3-10%) MASS, OSHAWAC, PA, TXAIR

TSCA: All components in this mixture are Included on the TSCA inventory. Material Safety Data Sheet MSDS Advanced Polymer Technology COLORCOATCONCENTRATE MSDS Number: 6194 Revision Date: 02/0312011 Page 5 of 5

REGULATORY KEY DESCRIPTIONS CERCLA = Superfund clean up substance CSWHS = Clean Water Act Hazardous substances EHS302 = Extremely Hazardous substance EPCRAWPC = EPCRA Water Priority chemicals MASS = MA Massachusetts Hazardous substances List NJEHS = NJ Extraordinarily Hazardous substances NJHS = NJ Right-to-Know Hazardous substances OSHAPSM = OSHA Chemicals Requiring process safety management OSHAWAC = OSHA workplace Air contaminants PA = PA Right-To-Know List of Hazardous Substances SARA313 = SARA 313 Title III Toxic chemicals TXAIR = TX Air Contaminants with Health Effects Screening Level

_ OTHER INFORMATION

Disclaimer: Although reasonable care has been taken in the preparation of this document, we extend no warranties and make no representations as to the accuracy or completeness of the information contained herein, and assume no responsibility regarding the suitability of this information for the user's intended purposes or for the consequences of its use. Each individual shOUld make a determination as to the suitability of the information for their particular purpose(s).

END OF MSDS DOCUMENT Material Safetv Data Sheet MSDS ADVANCED POLYMER TECHNOLOGY LINE PRIME MSDS Number: 6490 Revision Date: 06/20/2011 Page 1 of 5

_ PRODUCT AND COMPANY IDENTIFICATION

Manufacturer Advanced Polymer Technology P.O. Box 160 109 Conica Lane Harmony, PA 16037 Contact: Senior Chemist Telephone Number: 724-452-1330 FAX Number: 724-452-1703 E-Mail: [email protected] Web www.aovpolytech.com

Product Name: LINE PRIME Revision Date: 06/20/2011 MSDS Number: 6490 This product is not hazardous under the criteria of the Federal OSHA Hazard Communication Standard 29 CFR 1910.1200.

Transportation emergency phone number: Chemtel 800-255-3924

_I HAZARDS IDENTIFICATION Route of Entry: Inhalation, eye, ingestion, and skin contact. Target Organs: Eyes; Skin; Respiratory System; Inhalation: Prolonged exposure to vapors and mists may irritate the nose and throat. Skin Contact: Prolonged or repeated skin contact may cause irritation. Eye Contact: Direct eye contact may result in eye irritation. Ingestion: There are no known significanttoxic effects observed for products of this chemical family. Swallowing can result in irritation of the digestive tract. Symptoms can include sore throat, abdominal pain, nausea, vomiting and diarrhea.

IIIIIIIIIIII_C_O_M__ PO_S_I_T_IO_N_/I_N_F_O_R_M_A_T_IO_N_O_N __ IN_G_R_E_D_IE_N_T_S __ -- ______~

Ingredients: Cas # chemical Name Perc. 12174117 I Hydrated Aluminum-Magnesium Silicate OSHA Regulatory Status: This MSDS contains valuable information critical to the safe handling and proper use of this product. This MSDS should be retained and available for employees and other users of this product.

_ FIRST AID MEASURES Material Safetv Data Sheet MSDS ADVANCED POLYMER TECHNOLOGY LINE PRIME MSDS Number: 6490 Revision Date: 06/20f2011 Page 2 of 5 Inhalation: If symptoms develop, move victim to fresh' air. If symptoms persist, obtain medical attention. Skin Contact: In case of skin contact, remove any contaminated clothing and wash skin thoroughly with soap and water. Wash contaminated clothing thoroughly before reuse. Eye Contact: If splashed into the eyes, flush with clean, lukewarm water (low pressure) for 15 minutes or until irritation subsides. If irritation persists, call a physician. Ingestion: DO NOT INDUCE VOMITING. Give 1 to 2 cups of milk or water to drink. DO NOT GIVE ANYTHING BY MOUTH TO AN UNCONSCIOUS PERSON. Get prompt, qualified medical attention.

IIIIIIIIIIIII~FI_R_E_F_IG_H_T_I_N_G_M_E_A_S_U_R_E_S______~

Flash Point: Not established Flash Point Method: N.A. Water, C02, dry chemical, foam. Emergency equipment including self-contained breathing apparatus and full protective cfothing should be worn by fire fighters. Use cold water spray to cool fire exposed containers to minimize risk of rupture. During a fire, irritating and toxic gases may be generated by thermal decomposition or combustion.

IIIIIIIIIIIII ACCIDENTAL RELEASE MEASURES

Dike or impound material and control further spillage if feasible. Contain with Inert absorbent material such as sand, dry earth, etc. Transfer to containers for recovery or disposal. Keep out of municipal sewers and open bodies of water. Flush area with water. Floors may be slippery and care should be exercised to avoid faUs. _I HANDLING AND STORAGE Handling Precautions: Containers should be tightly closed to prevent contamination with foreign materials. After partial use, containers must be tightly closed and used up as soon as possible. If contamination is suspected, do not reseal containers. Employee education and training in safe handling of this product are recommended. Do not get into eyes. Avoid prolonged skin contact storage Requirements: Store in cool/dry area between 40-90 DEG F (4-32 DEG C). This material is storable for at least one year in sealed and unopened containers when kept dry and cool. Avoid freezing temperatures (below 32 F or 0 C) since product quality may be adversely effected.

_ EXPOSURE CONTROLS/PERSONAL PROTECTION

Engineering Controls: Educate and train employees in safe use of this product. Follow aU label instruction. Al! ventilation should be designed in accordance with OSHA standard (29 CFR 1910.94). Protective Equipment: VENTILATION: Supplemental ventilation not normally required other than to provide a more rapid drying time in poorly ventilated areas. RESPIRATORY PROTECTION: Not normally required. EYE PROTECTION: Splash goggles. SKIN PROTECTION: Waterproof gloves, long sleeve shirt and long pants are adequate. Launder when soiled. Shoes should be discarded if saturated with spilled material. Exposure Guidelines/Other: Exposure Limits: Not Established Material Safety Data Sheet MSDS ADVANCED POLYMER TECHNOLOGY LINE PRIME MSDS Number: 6490 Revision Date: 06/20/2011 Page 3 of 5 _ PHYSICAL AND CHEMICAL PROPERTIES

Appearance: Milky white liquid Physical State: liquid BOiling Point: 212 F (100 C) Odor: slight ammonia odor Freezing/Melting Pt.: 32 F (0 C) pH: N.A. Solubility: Readily mixes with water. Vapor Pressure; 60 mmHg@ 100 F (37.8 C) Spec Grav./Denslty: 1.05 @ 68 DEG F (20 DEG C) Vapor Density: Not established

_ STABILITY AND REACTIVITY

Stability: Product is stable under normal conditions. Conditions to avoid: Temperatures less than 32 DEG F (0 DEG C). Freezing may effect the quality of the product Temperatures over 400 DEG F (204 DEG C). Materials to avoid (incompatability): Strong Oxidizing Agents. HazardOUS Decomposition products: May produce fumes of toxic monomers and oxides of carbon when heated to decomposition. Hazardous Polymerization: Will not occur.

_ TOXICOLOGICAL INFORMATION

Not Established

_ ECOLOGICAL INFORMATION

BioaccutUulative potential: Not established

Ecotoxicity: Not established

Elimination (persistency and degradability): Not established

_ DISPOSAL CONSIDERATIONS

Waste and container disposal must be in accordance with federal, state or local environmental control regulations. Empty containers must be handled with care due to product residue. DO NOT HEAT OR CUT EMPTY CONTAINERS WITH ELECTRIC OR GAS TORCH. Recommendation: consultation with the disposal agency and the relevant authorities; cleansing agent is water. Material Safety Data Sheet MSDS ADVANCED POLYMER TECHNOLOGY LINE PRIME MSDS Number: 6490 Revision Date: 06/20/2011 Page 4 of 5 IIIIIIIIIIII TRANSPORTINFOR_M_A_TI_O_N______J

DOT (HM-181: POMESTIC SURFACE)

UN/NA NUMBER: none D.O.T. SHIPPING NAME: Acrylic Emulsion Mixture D.O.T. HAZARD CLASS: NON REGULATED PACKAGING GROUP: none D.O.T. LABEL: none D.oT PLACARD: none

ICAOIIATA (AIR)

UN NUMBER: none PROPER SHIPPING NAME: Acrylic Emulison Mixture HAZARD CLASS DIVISION NUMBER: NON REGULATED SUBSIDIARY RISK: none PACKING GROUP: none HAZARD LABEL(S}: none RADIOACTIVE?: Non-radioactive PASSENGER AIR - MAXIMUM QUANTITY: none PACKING INSTRUCTION NUMBER: none CARGO AIR - MAXIMUM QUANTITY: none PACKING INSTRUCTION NUMBER: none

!MOIIMDG CODE (OCEAN)

UN NUMBER: none PROPER SHIPPING NAME: Acrylic Emulsion Mixture HAZARD CLASS DIVISION NUMBER: NON REGULATED PACKING GROUP: none HAZARD LABEL(S): none HAZARD PLACARD(S): none

IIIIIIIIIIII REGULATORY INFORMATION COMPONENT / (CAS/PERC) / CODES

TSCA: All components in this mixture are included on the TSCA inventory.

REGULATORY KEY DESCRIPTIONS ------~------~-- MASS = MA Massachusetts Hazardous substances List NRC = Nationally Recognized carc;no~ens OSHAWAC = OSHA Workplace A;r Contamlnants PA ; PA Right-To-Know List of Hazardous substances TXAIR = TX Air Contaminants with Health Effects Screening Level

_ OTHER INFORMATION Material Safety Data Sheet MSDS ADVANCED POLYMER TECHNOLOGY LINE PRIME MSDS Number: 6490 Revision Date: 06/20/2011 Page 5 of 5 Disclaimer: Although reasonable care has been taken in the preparation of this document, we extend no warranties and make no representations as to the accuracy or completeness of the information contained herein, and assume no responsibility regarding the suitability of this'information for the user's intended purposes or for the consequences of its use. Each individual should make a determination as to the suitability of the information for their particular purpose(s) .

END OF MSDS DOCUMENT Material Safety Data Sheet MSDS Advanced Polymer Technology Texturized White Line Paint MSDS Number: 7436 Revision Date: 04/1412011 Page 1 of 6

_ PRODUCT AND COMPANY IDENTIFICATION

Manufacturer Advanced Polymer Technology P.O. Box 160 109 Conica Lane Harmony, PA 16037 Contact: Senior Chemist Telephone Number:724-452-1330 FAX Number: 724-452-1703 E-Mail: [email protected] Web www.aovpolytech.com

Product Name: Texturized White Line Paint Revision Date: 04/14/2011 MSDS Number: 7436 Chemical Family: Acrylic Emulsion Mixture This product is not hazardous under the criteria ofthe Federal OSHA Hazard Communication Standard 29 CFR 1910.1'200. Transportation emergency phone number: Chemte! 800-255-3924'

Route of Entry: Ingestion, eye and skin contact. Target Organs: Skin; Eyes; Gastrointestinal Tract; Inhalation: Prolonged exposure to vapors and mists may irritate the nose and throat. Skin Contact: Prolonged or repeated skin contact may cause irritation. Eye Contact: Direct eye contact may result in eye irritation. Ingestion: There are no known significant toxic effects observed for products of this chemical family. Swallowing can result in irritation of the digestive tract. Symptoms can include sore throat, abdominal pain, nausea, vomiting and diarrhea. Material Safety Data Sheet MSDS Advanced PI)lymer Technology Texturized White Line Paint MSDS Number: 7436 Revision Date: 04/14/2011 Page 2 of 6 _POSITIONIINFORMATION ON INGREDIENTS

Ing redi ents: Cas # Chemical Name Perc. ______.-.:.. _____ "N';"'."~_ ...... __ ~_,-.,.."".",.,.. ."._ ..w: ______._._. _____ ... __ .... ____ , ______25035692 2-Propenoic acid, 2-methyl-, polymer wit I 15-25% 9036195 poly(oxy-1,2-ethanediyl), .alpha.-[(l,l, I 0.3-1% 7664417 Ammonia .0.03-0.1% 7732185 Water 20-40% 1317653 Calcium carbonate I10-30% 107211 Ethylene glycol 1-5% 25265774 Propanoic acid, 2-methyl-, monoester wit 14808607 Quartz (5102) 2~30% 13463677 Titanium oxide (Tio2) !I 5-15%

OSHA Regulatory Status: This MSDS Contains valuable information critical to the safe handling and proper use of this product. This MSDS should be retained and available for employees and other users of this product.

_ FIRST AID MEASURES

Inhalation: If symptoms develop, move victim to fresh air. If symptoms persist, obtain medical attention. Skin Contact: In case of skin contact, remove any contaminated clothing and wash skin thoroughly with soap and water. Wash contaminated clothing thoroughly before reuse. Eye Contact: If splashed into the eyes, flush with clean, lukewarm water (low pressure) for 15 minutes or until irritation SUbsides. If irritation persists, can a physician. Ingestion: DO NOT INDUCE VOMITING. Give 1 to 2 cups of milk or water to drink. DO NOT GIVE ANYTHING BY MOUTH TO AN UNCONSCIOUS PERSON. Get prompt, qualified medical attention. MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE: None known. _ FIRE FIGHTING MEASURES ------] Flash Point: NA Flash Point Method: NA Autoignition Temperature: NA LEL: NA UEL: NA Flammability ClassificaUon: Not combustible. Water, C02. dry chemical, foam. Emergency equipment including self-contained breathing apparatus and fufl protective clothing should be worn by fire fighters. Use cold water spray to cool fire exposed containers to minimize risk of rupture. During a fire, irritating and toxic gases may be generated by thermal decomposition or combustion.

_ ACCIDENTAL RELEASE MEASURES

Dike or impound material and control further spillage if feasible. Contain with inert absorbent material such as sand, dry earth, etc. Material Safety Data Sheet MSDS Advanced Polymer Technology Texturized White Line Paint MSDS Number: 7436 Revision Date: 04114/2011 Page 3 of 6 Transfer to containers for recovery or disposal. Keep out of municipal sewers and open bodies of water. Flush area with water. Floors may be slippery and care should be exercised to avoid falls.

Handling Precautions: Containers should be tightly closed to prevent contamination with foreign materials. After partial use, containers must be tightly closed and used up as soon as possible. If contamination is suspected, do not reseal containers. Employee education and training in safe handling of this product are recommended. Do not get into eyes, Avoid prolonged skin contact Storage Requirements: Store in cool/dry area between 40-90 DEG F (4-32 DEG C), This material is storable for at least one year in sealed and unopened containers when kept dry and cool. Avoid freezing temperatures (below 32 F or 0 C) since product quality may be adversely effected.

_ EXPOSURE CONTROLSfPERSONAL PROTECTION

Engineering Controls: Educate and train employees in safe use of this product. Follow all label instruction. All ventilation should be designed in accordance with OSHA standard (29 CFR 1910.94). Protective Equipment: VENTI LATION: Supplemental ventilation not normally required other than to provide a more rapid drying time in poorly ventilated areas. RESPIRATORY PROTECTION: Not normally required. EYE PROTECTION: Splash goggles. SKIN PROTECTION: Waterproof gloves, long sleeve shirt and long pants are adequate. Launder when soiled. Shoes should be discarded if saturated with spilled material. Exposure GuldelinesfOther: Exposure Limits: Not Established

_ PHYSICAL AND CHEMICAL PROPERTIES

Appearance: Viscous colored liquid Physical State: Liquid Boiling Point: 212 F (100 C) Odor: Ammonia Freezing/Melting Pt.: 32 F (0 C) pH: 9-10 Solubility: Readily mixes with water. Vapor Pressure: 60 mmHg @ 100 F (37,8 C) Spec Grav,/Density: 1.26 @ 77 DEG F (25 DEG C) Vapor Density: <1

VQC: 29.5 gIL Percent Volatile: 45-50% (water) Material Safety Data Sheet MSDS Advanced Polymer Technology Texturb:ed White line Paint MSDS Number: 7436 Revision Date: 04/14/2011 Page 4 of 6 _ STABILITY AND REACTIVITY

Stability: Product is stable under normal conditions. Conditions to avoid: Temperatures less than 32 DEG F (0 DEG C). Freezing may effect the quality of the product Materials to avoid (incompatability): Strong Acids; Hazardous Decomposition products: May produce fumes of toxic monomers and oxides of carbon when heated to decomposition. Hazardous Polymerization: Will not occur.

_ TOXICOLOGICAL INFORMATION

ACUTE TOXICITY Peroral Rat; LD50 = > 2000 mglkg Percutaneous Rat; LD50 = > 2000 mg/kg SIGNIFICANT DATA WITH POSSIBLE RELEVANCE TO HUMANS Trace amounts of formaldehyde may be generated under acid conditions. Maintain adequate ventilation under these conditions to prevent exposure above the current OSHA limits

_ ECOLOGICAL INFORMATION

Toxicity to Micro-organisms ICSO Result value: > 2000 mg/l

Toxicity to Aquatic Invertebrates Daphnia; EC50 Result value: > 1000 mgtl

Toxicity to Fish Fathead Minnow; Le50 Result value: > 1000 mgtl

_ DISPOSALCONSIDERATIONS

Waste and container disposal must be in accordance with federal, state, and local environmental control regulations. Incineration is the preferred method. Empty containers must be handled with care due to product residue. Decontaminate prior to disposal. DO NOT HEAT OR CUT EMPTY CONTAINERS WITH ELECTRIC OR GAS TORCH. Material Safety Data Sheet MSDS Advanced Polymer Technology Texturized White Line P~int MSDS Number: 7436 Revision Date: 04/14/2011 Page 5 of 6 _I TRANSPORT INFORMATION

Not hazardous product according to these transport classifications, D,O.T. SHIPPING NAME: ACRYLIC EMULSION MIXTURE D.O.T. HAZARD CLASS: N/A UN/NANO: N/A D.O.T. LABELS REQUIRED: N/A D.O.T. PLACARDS: N/A

_ REGULATORY INFORMATION COMPONENT / (CAS/PERC) / CODES *Ammonia (7664417 0.03-0.1%) CERCLA, CSWHS, EHS302, EPCRAWPC, MASS, NJEHS, NJHS, OSHAPSM, OSHAWAC, PA, SARA313, TXAIR *calcium carbonate (1317653 10-30%) MASS, OSHAWAC, PA, TXAIR *Ethylene glycol (107211 1-5%) CERCLA, HAP, MASS, NJHS, OSHAWAC, PA, SARA313, TXAIR *Titanium oxide (Ti02) (13463677 5-15%) MASS, OSHAWAC, PA, TXAIR *Quartz (S;02) (14808607 20-30%) MASS, NRC, OSHAWAC, PA, TSCA, TXAIR TSCA: All components in this mixture are included on the TSCA inventory. REGULATORY KEY DESCRIPTIONS -~--'-'""",-'- --- .... .",...... -....,.-_ ..... _...... _---."...,;, ...... ,-- .... -_ ...... ;...... ,-.;..,... ---_ ...... _-- -.- ..... -----;...... -"- ..... CERCLA = Superfund clean up substance CSWHS = clean Water Act Hazardous substances EHS302 = Extremely Hazardous substance EPCRAWPC = EPCRA Water priority chemicals MASS = MA Massachusetts Hazardous substances List NJEHS = NJ Extraordinarily Hazardous substances NJHS = NJ Right-to-Know Hazardous substances OSHAPSM = OSHA Chemicals Requiring process safety management OSHAWAC = OSHA workplace Air contaminants PA = PA Right-To-Know List of Hazardous substances SARA313 = SARA 313 Title III Toxic Chemicals TXAIR = TX Air Contaminants with Health Effects screening Level

NRC = National1y Recognized carcinogens TSCA = Toxic Substances Control Act Material Safety Data Sheet MSDS Advanced Polymer Technology Textur,zed Wf'\ite Line Paint MSDS Number: 7436 Revision Date: 04/14/2011 Page 6 of 6 _ OTHER INFORMATION

Disclaimer: AlthQugh reasonable care has been taken in the preparation of this document, we extend no warranties and make no representations as to the accuracy or completeness of the information q:mtained herein. and assume no f'esponsibility regarding the suitability of this information for the user's intended purposes or for the consequences of its use, Each individual should make a determination as to the suitability of the information for their particular purpose(s).

END OF MSDS DOCUMENT EXHIBIT 2

Insurance Requirements

1.01 Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.

B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.

1.02 Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below:

1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance.

1.04 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. • Umbrella: $1,000,000 per claim 1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.07 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in section 5.1 above and 5.4 below and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.08 Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on bUildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is locat.ed in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be clearly not applicable. 1.09 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the reqUired policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and

2 telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: ( I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically prOVided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City."

3 Contractor's Responsibility Prior to Receiving a Notice to Proceed

Prior to the City issuing a Notice to Proceed, the contractor shall deliver a copy (either hard copy or, preferably, electronically) of the policy, including the declaration page of the policy and all endorsements to the policy and provide the City with the name, address, including email address, and phone number of the contractor's insurance agent.

The Contractor's insurance agent must provide the City with evidence that the insurer issuing the policy is licensed and authorized to do business in Florida, that the form of the policy being issued has been approved by the State of Florida and that the insurance carrier that is issuing the policy is not issuing the policy as a surplus lines carrier. The agent shall also provide a citation to the page number of the policy, or the form number of the endorsement, and highlight the relevant language of the portion of the policy and/or the endorsements that, in his or her estimation, meets the following City insurance requirements.

a) the city is an additional insured; b) coverage includes contractual liability; c) the City will be provided at least 10 days advanced notice of any cancellation of the policy, including cancelation for non-payment of premium, and at least 30 days' advanced notice of any material changes to the policy or of cancellation for any reason other than non-payment; and d) either a policy provision or an endorsement providing that the policy is primary and non-contributory, such as an endorsement that provides that the vendor's policy is primary over all of the city's applicable insurance and that treats the city's policies as excess coverage.

It may be that some of these provisions are combined into one endorsement or contained in the policy itself.

If the policy does not have a provision or endorsement that provides the City with advanced notice of cancellation as required by the City, the contractor may still comply with the City's insurance requirement if the contractor provides the City with proof that the policy premium has been paid in full and provided the contractor makes arrangements with its insurance company to allow the City to confirm, monthly, that the policy is in full force and effect. In addition, the Contractor must either pay the City a monthly monitoring fee, currently set at $25 per month, or have the amount deducted from the Contractor's draws/payments.

4 Indemnification Requirement

A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to. this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers. affiliates. employees. successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees. or assigns, or anyone acting through or on behalf of the them. and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing. approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees. or assigns. or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld.

5 rl!f: ClTV OF Pl.[ASA~ T L1Vi:\C Pre-Bid Conference Sign-In Sheet

Date: ______.__ ._._ .... _..... _~.~P t~.!!!~~!... ~~~_~_QJ~____ ._. __ .... _._._ .. __ . RFlP Title: Resurface Tennis, Handball & Y2 Basketball Courts at Brewer Park __~~~~,~~~~""~~"'~ .. ~~"~~ ..w~,,_"~~"'~~_.~,~,,._,,~,~",,".~. __ '".. ,,,' ___ "~,_''''.'''~'''''.,_, "._,_,'_~~,~~, ___ c_, _____ ._. __• KTQ No.: lPR2014-08

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C:\Users\skuliclcCSMl \Documents\South Miarni\Ternplates\Pre-Bid Meeting Sign-In Sheet-doc BID OPENING REPORT

Bids w(:rc opened on: Wednesday, October L 2014 after: 10:00am For: ITO # PR 2014-08 - Resurface Tennis, Handball & 1h Basketball Courts

COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: -- 0 f)t1cP, p':; 4/M, (r/Js; f1t(q/IfHD 1. FAST-DRY COURTS, INC. $' / 1 ($ IS; ~<' 2. FLAF SPORTS SERVICES, INC. 17/ S-67. t?,!'. ~IIJ 3. McCOURT CONSTRUCTION, RESURFACING SUPPLIES l~ 3tJ!J.. - 4. SPORT SURFACES ~6F5E)BiB 17 If 9~ :,..')

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THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED.

Maria M. MenendeZ City Clerk:~ ______Print Name / Witness: ;::)ott? We&te,L- Print Name

Witness: Print Name Signature ITQ #PR2014-08 Resurface Tennis Handball & Basketball Courts NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER

Public Entity Non Coli. Crimes and Drug free (1) Proof of Signed Bidder Bid Price Bid Form OSHAStds Related Party Sun Biz Affidavit Conflicts of Workplace Ins Contract Interest

FLAF Sport Svcs (w/o Fiber Glass $13,717.00 X X X X X X X X X Mesh)

Fast-Dry _courts $15,400.00 X X X X X X X X (Alternate)

- Fast-Dry Courts $16,500.00 X X X X X X X X

Sport Surfaces $17,490.00 X X X X X X X X

FLAF Sport Svcs (w/Fiber Glass $17,567.00 X X X X X X X X X Mesh)

McCourt Const $18,300.00 X X X X X X X X

- ---L. ______.

(1) Condition of Award ,(l· South~rMiami )1i1 ( {Ji iii

ADDENDUM No. #1

Project Name: Resurface Tennis, Handball & 12 Basketball Courts at Brewer Park

ITQNO. PR2014-08

Date: September 25,2014

Sent: Fax/E-mail/webpage

This addendum submission is issued to clarify, supplement and/or modify the previously issued Invitation to Quote (ITQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation.

Question #1:

Should a three (3) point line be added to the 12 basketball court?

Answer to Question #1:

Yes, a three (3) point line must be added to the 12 basketball court, per Florida High School Athletic Association (FHSAA) standards.

Question #2:

Should the edge of the 12 basketball court be saw cut?

Answer to Question #2:

No the edge of the 12 basketball court should not be saw cut and be resurfaced as the rest of the coUti.

Question #3:

Will a Notice to Proceed be issue for this project?

Page 1 of2 Answer to Question #3:

Yes, attached to Addendum No. 1 is a Notice to Proceed form that will issued to the awarded contractor by the City's Project Manager.

Question #4:

Should the edge of the tennis courts beyond the fence be saw cut?

Answer to Question #4:

No, the edge of the tennis courts beyond the fence should not be saw cut and be resurfaced as the rest of the court.

IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.

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