June 2, Gentlemen:

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1 Hays Unified School District 323 W. 12 th Street Hays, KS (785) Office (785) Fax June 2, 2015 Gentlemen: The Board of Education, Unified School District No. 489, will receive bids for the seal coat of the outdoor running track and chute areas at Hays High School located at 2300 East 13 th Street. All bids must be received in the office of the Executive Director of Finance by 2:00 p.m., Tuesday, June 9, Bids will be opened at the above stated time and bidders are invited to be present. All bids are subject to the following conditions: 1) Unified School District No. 489 reserves the right to reject any or all bids and to waive any informalities in the bid procedure. 2) No bid received may be withdrawn for a period of 30 days after the date of the bid opening. 3) Bids are to be sealed and marked, TRACK SEAL BID. Bids received after the hour and date above will be returned unopened. The bids are to be mailed or delivered to me at the above address. Bids faxed to USD 489 are not acceptable because of the sealed bid requirement. 4) Bids will be presented to the Board of Education for approval on June 15, The successful vendor will be notified within a few days after approval. 5) Work on the project will begin no earlier than July 1st, 2015, and must be completed by July 17 th, ) Work must be done by a certified track builder. 7) Bid shall be awarded to the lowest responsible bidder meeting the required specifications. 8) Bid must be equal to specifications or better. Any deviations from the specifications shall be identified in the bid. 9) USD 489 is exempt from all applicable federal and state taxes. A tax-exempt certificate will be provided to the successful bidder.

2 10) Insurance requirements: Automobile Liability Insurance covering all owned, nonowned, and hired vehicles with a minimum combined single limit for Bodily Injury and Property Damage of $500,000 per occurrence. Comprehensive General Liability with minimum limits no less than listed below: General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal and/or Advertising Injury Limit $500,000 Each Occurrence Limit $500,000 Fire Damage Limit (any one fire) $50,000 Medical Expense Limit (any one person) $5,000 Workers Compensation and Employers Liability Insurance with minimum limits no less than listed below: Bodily Injury by Accident $1000,000 Each Accident Bodily Injury by Disease $100,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit The contractor shall maintain at its own cost and expense such insurance as will protect it from all claims for damages to persons and to property which may arise from any operations under this contract or any subcontracts related to this contract. Prior to commencing work, the contractor shall supply USD 489 with a certificate of insurance with limits no less than those listed above. 11) The State of Kansas Contractual Provisions Attachment Form DA-146a (enclosed) contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor s standard contract form, then that form must be altered to contain the following provision: The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 1-01), which is attached hereto, are hereby incorporated in this contract and made a part thereof. 12) It is the responsibility of the vendor to inquire about any requirement of this bid that is not understood. Responses to inquiries, if they change or clarify the bid in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the bid. The district will not be bound by oral responses to inquiries or written responses other than addenda. 13) USD 489, Ellis County, Kansas does not discriminate on the basis of race, color, national origin, sex, age, disability, or handicap in admission or access to or treatment or employment in its programs and activities. If you have questions regarding the above, please contact the Title IX Coordinator or the Section 504 Coordinator in the office of the Superintendent of Schools, 323 W. 12 th Street, Hays, Kansas 67601, and (785)

3 Please contact myself, Rusty Lindsay, Director of Buildings and Grounds, at (785) , if you have any questions concerning this bid. Sincerely, Rusty Lindsay Director of Buildings and Grounds enc: 2 cc: Dean Katt, Superintendent of Schools Tracy Kaiser, Executive Director of Finance & Support Services Rusty Lindsay, Director of Buildings & Grounds File

4 Section SYNTHETIC TRACK SURFACING- SPURTAN RESPRAY SPECIFICATION PART 1- GENERAL 1.01 SUMMARY A. The contract work to be performed under this section consist of furnishing all required labor, materials, equipment, implements, parts and supplies necessary for, the surfacing in accordance with these specifications and indicated on the drawings. 1. Spurtan Respray - Polyurethane bound running track re-surfacing with one component structural spray CODES AND STANDARDS A. Codes and standards follow the current guidelines set forth by the International Association of Athletics Federation (IAAF), the National Collegiate Athletic Association (NCAA) or the National Federation of State High School Associations (NFHS) SUBMITTALS AND SUBSTITUTIONS A. Request for deviations or substitutions from the specifications must be made in writing seven days prior to the bid date. Complete product data including specifications, application rates, mixing instructions and a sample shall be sent with the request to the district and/or its agent for an evaluation. Alternatives will be allowed only by addendum. 1. Submit three (3) sets of manufacturer s product data sheets including installation guidelines and maintenance instructions 2. Submit three (3) representative track samples in the color of surfacing to be installed Advanced Polymer Technology 109 Conica Lane PO Box 160 Harmony PA

5 3. Submit Material Safety Data Sheets (MSDS) for all individual components of the product being installed 4. Submit evidence that the synthetic surfacing contractor is a member of the American Sports Builders Association (ASBA) 1.04 QUALITY ASSURANCE A. The track surface will be applied by an installer authorized by APT. The contractor shall have a current Contractors license, as well as a current sales tax and use tax number if applicable. B. Successful contractor will provide proof of insurance as well as performance and payment bonds if required. C. All polyurethanes used must be ISO 9001Certified SITE CONDITIONS A. Weather: Surfacing shall not be done when the threat of freezing exists for the following 24 hours, rain is imminent or gusting winds are occurring. B. Site: While surfacing and striping are being done, sprinkler systems must be curtailed, shut off, or controlled so that no water falls on the track or event area surfaces. Other trades and school district personnel must stay off the wet or curing surfaces. C. Do not apply rubberized topping when base surface temperature is less than 40 degrees F. D. Provide temporary barriers as required to prevent public entry to construction area and to protect adjacent properties from damage during construction operation WARRANTY A. Provide manufacturers standard 3 year warranty for track resurfacing projects PART 2- PRODUCTS 2.01 MANUFACTURER A. Advanced Polymer Technology/Manufacturers 109 Conica Lane; PO Box 160 Harmony, PA Advanced Polymer Technology 109 Conica Lane PO Box 160 Harmony PA

6 2.02 MATERIALS A. Running Track Surface: Resurface with two coats of one-component structural spray. Materials include: 1. Qualipur Polyurethane primer 2. One-Component Qualipur Structural Spray EPDM Rubber PART 3- EXECUTION 3.01 EXAMINATION A. Verify existing track surface for dimensional stability, strength, and surface preparation. Notify owner of any deficiencies. B. It is the responsibility of the paving contractor to water flood the surface with the use of a water truck. If after 30 minutes on a 70 degree F day, bird bathes are evident in a depth more than 1/8 the paving contractor, track surfacing contractor and the Owner s representative will determine the best method of correction. C. Entire surface shall be clean and free of all dirt, oil, grease or any other foreign matter. It is the responsibility of the surfacing contractor to thoroughly clean and /or pressure wash all areas of the existing track surface as necessary to ensure adhesion of the resurfacing materials. D. Minimum curing time for base repairs prior to beginning of re-surfacing is 14 days for new asphalt paving and 28 days for new concrete. No concrete curing compounds are allowed. E. Beginning installation stipulates track installer accepts existing conditions. Adhesion of the resurfacing materials to the existing track surface is the installation contractors responsibility PRODUCT AND MATERIAL DESCRIPTION A. Spurtan Respray: Two coats of a mixture of colored polyurethane and Melos EPDM mm rubber (or approved equivalent), which are structurally sprayed onto the existing base to resurface current track surface. B. Rubber (EPDM): Melos EPDM 0.5mm 1.5mm spray rubber (or approved equivalent). Advanced Polymer Technology 109 Conica Lane PO Box 160 Harmony PA

7 C. One-Component Structural Spray: The current surface shall be coated by using a one component, solvent based, Qualipur polyurethane resin based, structural spray mixed with Melos mm rubber (or approved equivalent) APPLICATIONS PROCEDURES A. The entire surface shall be clean and free of dirt, oil, grease or any other matter prior to application of the resurfacing materials. Any dirt, construction debris, etc. shall be pressure washed off the track surface by the installation contractor. B. Prime entire track surface area with a compatible Qualipur polyurethane primer. Qualipur 1020 for asphalt and Qualipur 1220 for concrete or over an existing surface at an approximate rate of.3 lbs/yd². C. The one component Qualipur structural spray should be mixed with Melos EPDM mm rubber (or approved equivalent) at a rate of 60% structural spray liquid to 40% EPDM rubber. The mixture should be sprayed in two layers at 1.8 lbs/yd², each coat for a total minimum combined consumption rate of approximately 3.6 lbs/yd² STRIPING AND MONUMENTATION A. The contractor shall consult with the owner prior to the start of his calculations for determination of the finish line location, events to be run, location of lane numbers and additional paint markings. B. All line marking paint is to be approved by the synthetic surfacing manufacturer. Only an experienced track-striping specialist shall perform the line striping. END OF SPECIFICATION - SPURTAN RESPRAY Advanced Polymer Technology 109 Conica Lane PO Box 160 Harmony PA

8 State of Kansas Department of Administration DA-146a (Rev ) CONTRACTUAL PROVISIONS ATTACHMENT Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision: "The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev ), which is attached hereto, are hereby incorporated in this contract and made a part thereof." The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the day of, Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified. 2. Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas. 3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor. 4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A et seq.). 5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A and K.S.A ; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration. Contractor agrees to comply with all applicable state and federal anti-discrimination laws. The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency. 6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given. 7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A ), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. 8. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof. 9. Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract. 10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A et seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title. 11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A et seq. 12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment." 13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.