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HomeMy WebLinkAboutResolution - 2009-R0306 - Contract - Sherwin Williams Co.- Runway_Taxiway Marking Paint - 08_13_2009Resolution No. 2009—RO306 August 13, 2009 Item No. 5.10 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 9099 for Runway/Taxiway Marking Paint pursuant to BID 09-068-RH, by and between the City of Lubbock and Sherwin Williams Company of Manchester, Georgia, and related documents. ,Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th ATTEST: -Q cp,-, , 5� "-- Reber a Garza, City Secretary APPROVED AS TO CONTENT: es Loomis, Assistant ity Manager isportation and Public Works APPROVED S TO FORM: Chad Weaver, Assistant City Attorney day of August 2009. e— +� eo� TOM MARTIN, MAYOR vw/ccdocs/Chad/Resolutions/RES.Contract-Sherwin Williams Company July 29, 2009 ITB#09-068-RH, RunwaylTaxlway Marking Paint Resolution No. 2009—RO306 CITY OF LUBBOCK CONTRACT FOR SERVICES For Runway/Taxiway Marking Paint Bid No. 09-068-RH Contract # 9099 THIS CONTRACT, made and entered into this 13th day of August , 2009, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Sherwin Williams Company, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Runway/Taxiway Marking Paint -Annual Pricing and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Runway/Taxiway Marking Paint. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: I . In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Runway/Taxiway Marking Paint specifically referred to as Item(s) No. One (1) through Four (4) and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. The contract shall be for a term of one-year, said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for two additional one- year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. Listed quantities are estimates only. Actual quantities may vary. 4. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of the City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of the City. 09-068-RH-ITB.doc 21 ITS#09-068-RH, Runway/Taxiway Marking Paint IN 1VITNESS WIIEREOF, the parties hereto have causes! this Contract to bC CXCCLlted the da} and ye.Ir lirvl ahm c \1 rllten. EXeCLlted In triplicate. Ci I Y (Ar LL,B130(,K Torn \1.�SI'l��i. A F I1's : CONTRACTOR 13Y . Authorize epresentatl%' The Sherwin-Williams Company PO BON 888 Address Manchester, CA 31816 Rebecca "al a, CitN Secretary \1�11�()VLD ASTO : �� �2 %TE 0 , .hill � 1.00Mis, -l-ransp0rtati0n and Public Works istaIIt C'iI v i'Vlanager API' V A ' TO FORM: As"islatil Cil\ Attorney 09.068-RH-ITS.ccc 22 IT13#09-068-131-4, Runway/Taxiway Marking Paint SUB.NIFF1'O: ,. Y C'i l) i )F 1 U131iOC'li CITY OF LL,BBOCK, TEXAS I la-� I �' titrect. l.nt _(11 ilfi 1 uoi ,I lv,. Ix`,9101-3a3t) �`— AN E RoQUAL. hln 1-!nlHolderr I :1C L eIZSUN: OPPORTUNITY INVITATION TO BID l2ohi �—---------� EMPLOYER 11l r,(i" #09-068-RI4 I�),�i, i�ttrchasin;t.t:i.luhlx,ri. t.\.Ci. 5UBMIrl'AI. DI•ADI.IN•E: itIII nr:[�/Tluill.ay I<1:11-Idug paint July 7, 2009 ,tl 2:00 p.m. CST ' PD:I' BID DA Il . l'I.1IF: AND 1.0C':\HON: Deleted ' Ri;1,110,d)ENI \\Nll:: 1-!!f Sherwin-Williams Con] .'UAH I,-,kf A )I)RI:SS: PU Ito\ S88 rC'1Il' SF: I /.I P .\Iunchcilcr, GA 31816 I1:LI I'llON1: No: 860-`383-_6220 FAN No - 216-77-I-1875 �Li- VAIL. liv;; ,I(xectha sicrtic iu. 1:1 1ii'k U, I'•1.\ [I) No I ( ift '-i0 (1:\L SI C URITY NO. lrr)' hyl-A rVCL lVerl1rfhv rhr unr , d 414/1I /rs16! rhv,c, rcg(trrBes's of the mo(le of cMflrer)' .+hull hL• reuirsw,i uuupmecl LABEL 1HIE Ot'1:SIDE OF Y01 It SIi,1LED BID \\ IT111 ill! I113 Nil MBI:11. 111E CLOSING DATE AND `I1ME. AND ) Ot 1t CONIP %Nl NAME.\ND ADDRESS.IF kf:"rl-RNINO: S A "tit) till)". PLEASI: C(lAll'1.1.1'h.:\ND RLTL�RN '!'I Il' "ti f:1T'f:NIE\"h OP \D lilH' 'rHL CITY of LUL3t3oCl: RG.SFI<VE1 11-I1: RIGfi'I fU :1t �l.l'I' GR itFll C'I ANY AND ALL BIDS IN WHOLE OR IN I',\R'i AND VkAIVl- ANY INFORNIALITY 1N TIfE C'ONiPF:I ITIVE till) PROCESS III iRTI ILR 'I I iF C'fl'`( ' RESERVFS THE RIGI IT TO LNTH? IN 10 ANY CONTRACT DFLNII 1) -1'O ]it IN TI IL BEST INTEREST OF 1411- CITY. IT IS THE INTENT AND PURPOSE OF T111- CITY OF Ll4311OCK 'l HA I"I'1115 I RF.QUF-.ST PERMITS C-OMPFTr11V'I: BIOS IT fS 'rill 1311)1)1iK'S RESPONSIBILITY TO ADVISE TI II: CITY OF I Ui BO CK PI IRCI IASIN( t NIIANAUI:R IF ANY LANO UA6E. REQ11WFNll_N" rS. FTC.- Olt ANY COisllil,N,Yfit)NS'1'!II PtF(.)I. INADVI:R'1'! NT1.Y RL.. IRIC'iS OR LIM11N flit RE01 IRFNIEN'1S STA'I'171) 1V IBIS 1113 "10 :\ SINOU. S0)1:RCI::, SI'C'll 1 N111'll-IC'AHON M1 ST 13F St!BMI TI-1) IN \VRITIN'(i AND NISI' ill: I RI ('I;IVI1) BY'I'ItL M;R('!!.1',1Nli %1AN':1t;1:R \() LAILIZ I'11AN IIVI' i~i 13USIN LY: DAYS PRIOR R) 1 III :\lit )VI: SI 113\!I f 1 1L DI AOLINL 111, BIDDER IIERE131 \CKNOR'LEDGIiS Rl:('EIP"1 OE .\ND .\GltisEti IT5 131D IS BASED ON AN) ADDENDA POSTE) 1) ON I31DS1 \('"(:ON[ YF.S NO the nc of"I.uhhocf. Charter states that no otlicer or employee oi'the City cat, henelit ii'om any contract, jL1% work tie'gracC Diu the nun)icipal,Iy or be 1111,J,Acd in the safe to the Cll) or;my' stlpplicS, cqutpment. maleriat or articles purchased. Will ally officer or employee nr the City" or member ol` ticir ii,tntr,ii;ile titntll) hcnelit from Ilse ;nacud of this hid to the above lirm7 YLS_—NO IN t t)N11'I 1.1Ni,F WI]'I1 1-111S S01ICI AIION. T]IL UNDERSIGNED 131DDFR HAVING EXAMINIJ) 'I'll); INVITATION '10 HID .NNO ';flit 11li'1'11ri\, :1ND 131=[N(j FAMILIAR \\i'1'H 1HE CONDrrIONS rO 13G MET. IIERf'By St IINIHS 'IIIF H)LII)1\IN(i BID FUR I I �1-d I!A(i 1l 11' \t \ li'RJAI.. F,tWIPMENT. LABOR AND EVERY'lI IINIi N'EC FSSARY Pint I'Rl)VIDIN(i I'i li I I'1:.115 l.i.ti'iVI) ( )N I f ni XT'I %L. 111.1) fill) H )RN1 AND .\GI(H-S rO 01--LIVER SAID rrFMS \'I n ii, LDCA I IONS AND FOR TI Ili 11100 , til I Ft )It'll I ()^. 1-I 111111) I t,l:.I \\ 1NDIVitA AI- AI' I IlOR1s,FD ru 11I.ND TFiI: COMPANY Nit IS"I SIGN H Il' FOLLGI\ IbG SL(' I IO\ I •\II.( I& r•.) I_\I2'l 111 T1IIS 0 dt , It )s; \1,\Y Rl:St fL r IN Dill) REP:0-ION 3y i:,, ,, nalioie ecni!'N teal Jiio ollcr ii nMde ,cuhut)t prior onderstandin ngrccntent, o, connecllotl witl, wl, curpolation. firm. husincss eniny. or perm t millmiltin_• an otl"cr err tic same material,, supplies, equipment, or service{s), ;u,d is in all rcapccts fair and tt ithuat eollu.tinrn or Baud. I rurther 'wick. that tl ll)c olht is accepted. [lie ollerm will cui,vey, sell, cosign- or Irailslcr to the C'iq of Lubbuck all right, title. and interest in and to ad causes -I ;1e1111 ti nr,i) nut, ur hereafter a:eIUIIe under the Anti-trust laws ot'dic United Statcs and the Swic or re.xas li)r price li\iug rcialitm to tie p,uueai;u , I t.) ut .cn i,c tn) pulJnlucd of ;tcgmrcd h) the C'in ol"LuNvcic. At the C'it_, s discre!inn. such Jvs[Utrinent 111;dl he ni„rle ,ioJ 11e0une clfeeiI',c 11Al1 1IIIK )Ice W teat et, tiu;d pace„ent to the Lead„r vnlLuri d .Sig a Mi I lilt 11�itlir 1r)niuur WIN 0.2009 t Illti POCt1! \11 1'I' Ill: ('t.)\Il'i.l:'1'!?D \NU kh: t'l !t\I:!) \\ t7li 1 O1 It it]•:5!'ONS1.. RH-ITl3.coc ITB#09-068-RH, Runwayffaxlway Marking Paint BID FORM RLlii%va\ Taxiway Markin- Paint CITY OF LUBBOCK, TEXAS ITB-09-068-RFI III c Inlphance with the Invitation to Bid #09-068-RH, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being, ttamiliar ti�,ith the conditions to be met, hereby submits the lollotvinFg, Bid for furnishing the nuu ri.il, e.Iui{111lc1lt, labor and everything, necessary for providing the items listed below and a4orees to deli\er said items .it 11w lucatiotls and tar the prices set birth on this form. The Invitation to Bid 09-068-11I I Is bl reference incorporated in this eoulrurl. The Bid Form must be completed ill blue or black ink or by typewriter. ['NIITOF UNTI Extended D1:1k�:I.N I I-[ \1 111Y N/I1. ASURI: DESCRIPTION PRICE* BID Cult Dn\S ntolC ul le„ I �•. AM)" 11 hite Rumtiav' f;lsiu:n Marking, Pam( 30 I • Paint must elect Falcral specilicatiou: � I' I -I'- I `i�3 IJ 14'atcr [30l n� leaJ-fr ee paint. • Puint is for wmvav1I;lxi\lay striping and must be suitable fur use on concrete mid I 2.000 t s;illuns :Isptlall Surfaces. j;7.30 51 I,G00.00 Pailli Shall be dei14CFCd ill 330-`„illo 1 IUSS 1❑ 55- gallon scaled comainers within 72 hUUI•S 01 jJ 110tlfication h\ phone. IaX or snap b4 airport pCl•s01111CISLlppflCr IMISl W—tiflpa1[lt I .yh:cificatiolls till oulsidc ol'each collininer -- 1'etlow Run+vay/Tazinay %Intking Paint. 30 j Paint must elect Pederal Specification: I1 FT-1'-1952 D Water Borne lead-free paint. f • Paint is for runway/taxiway strlpillp alld I?or1 Crdlrlls 111LISl bC SUitilble l01• LISC on CUIICrCtc and S7.59 $9108.00 a,phall tilll'IpCeS. Paull Shull hr delivered ill 330--,:illon hits in 55 g:Lllon waled containers 141llml 72 hours of I notlllcallon b) phone. fax or email by airport 1 IMi01111C1. Supplier I11LISI tiCriik paint specilications on outside ol`cacli container. Black RLill +�av/Taxiway Ivfarkills Paint: 30 Paint must meet F edcrul Speciticoliow 11--P-1952 D Water Borne lead-free paint. • Painl iN li)r ,wiping anJ 3. I(ll) Ojlolls must be suitable IUI- use on Concrete aIlcl $8—60 S3440.00 (I aSI311:lit SUrta CCs. � I'ilnt ,h,lll f1C JefilereJ in �— g;llloll sc:llcd uullumvi., rxithill ?_' hours 01, 11ofilicatiou 11 l phone- lav or email by airport persunncl. I S�.lpphcr must cenif;N paint ,perilicutiula> on outside ofcach Container. 09-0c8-ItH-IT8.aoc 4 ITB#09-068-RH, Runway/Taxmay Marking Paint Real Rumuay I n.xil+aN N. 4arking 11iiinl: • Paint must meet I'ellCrUl Sperificatiun: t'1'-P-19;21 1) Watcr Borne lead -tree paint. • P.li nl iS lb I- I'LI M\LIN.�UIY 111 I ill`:. :Intl 4. ;till L al sn, mike be ,ultuble li,r Llsc ell ronCrcte .111J $10.50 S7250.110 30 atiph,tlt surlltres. Pnint shall be deliNcred ill j—kallun sealed conutiners llithill 72 hotll•� lit Il01i1leal10l1 b\ phone, tax or entail bk airport personnet +I >ltpphcr rnwt certrl) paint Specifications on o LIISILIC of each colll:)iner- faint shall rueet Federal Specification TT-P-1952D Water -borne lead frcc paint. Overall Total: 532,398.00 Vendor must provide written documentation that product being bid meets the reyllired specifications. -.PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any item or group of items shown on the bid. PA` ,MI-NT FLPN,IS AND DISCOUNTS - Bidder offers a prompt payment discount of 0"o, net 30 calwldar ll.n;. Disroants Neill not be considered in determining low bid. Unless otherwise indicated on the Bid Fornh, payment terms Nvill he NLT THIRTY DAYS. The City will pay the successful bidder within thirty days atier the receipt of a correct invr.lce (,I- aller the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the i'ity within a stipulated nullhber of days will be interpreted as applying within the stipulated number of calendar days aficr the elate of receipt by the City of it correct invoice or after the date of acceptance that meets contract requirements, whi,�hel cr eVe111 Occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOLIRLD PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price ch;u,ed ,Iny011e CIse, including its most faVOLlred customer, for like duality and quantity of the productslservices: Hoes not include all elenlent ol'prolit on the sale in excess of that normally obtained by the Bidder on the stile of productslservices of like duality ,Old lu.lntitV: cull) does not include any provision for discounts to selling agents. If at any time durint, the contract periled. the "upi•licr should sell or otter for sale to any other customer, an equal or less quantity of similar contract products ol' like or hell:r .iu,llitV, a1 a lower net prices) than provided herein, supplier agrees to notify the City and sell s;vlle product(s) at the IoLLer price(s) on all deliveries made durillg the period in which such lower price(s) is eflcctive. IN -I I'RLOCAL PURCHASING (uplionul): The City desires to make available to other local governmental entities of tie Stag Of Texas. by nrLIRMI Mireenlent with the successful bidder, and property authorized interlocal pLn•cllasina a`reenlcrlts as pro` idcd lbr by file Intcrlocal Cooperation Act (Chapter 791, Government Code), the right to pLINIKISe the same services, at the ,Wires gLMtelL for the period Ofthis contract. Each bidder shall indicate on the Bid 17or-I11 in the space Ix•ovided helot~ if Ile -she will honor Polltreal t LibdiVlSlUn Orders in .rdditioll tit orders fi-on) the Cilti of Lubbock. ShOLIId these olhlr osrrnnlent;l! entities decide to participate in this contract, would you (the bidder) n"ree that .Ili terms, V01lJili0n;, ;pc-_ililatiulls. Mid pricill'1 laauld apply" Othur -overnttrelhtal entities that [night have interests in this contract are Frenshih Independent School Disirict, Lnhhock Ilonsin;; Authority, Lubbock County, Lubbock Coutlty Hospital District, Lubbock Independent School Disirio, South Plains Association of Governments, City of Texarkana, Texas Tech University, West "Texas N•limicipal Poker Agency, Lynn County, and City of Wolfforth. YI:1 NO • It sou (the bidder} checked YES, the following will apply: • Guvcrnnlental entities utilizing Interlocal Agreements for Cooperative Purchasing with ills City o1• Luhbock mII he cli. ible. but not obligated, to purchase tnaterials,`services under the contriict(s) MV111-ded is ,t NcLllt W" thi5 Soiiciuuion. All purchases by auvernmental entities other [hail the City of I.Libbock bill he hillcd dirvctk to tll.it ausrrnnlrnt,hl cntits .end paid by that governmental erttilV. CitV Of Lubbock will not be re�ponsihle for ,In�1th,•l auscrnnlcntal entity's debts- Each `.,ovcrnnlental ellILI ll'Ill order Ihcll' L)54n In.IIrI'lall•seflice a • needed. 09-C•:-B-RH-IT6.doc 5 !TB#09-0(58-RH. Runway/Taxmay Marking Paint 1­111S 1311) IS ISUBMITTED BY The Sherwin-Williams Cornparty a corporation or<<anized under The I,t«s of the SMte ol- 011io _ _ _ or a partnership consistiir" uC or an individual tradin, As of the Cite of Firi 'I'he `~ lie r++in-N'villiaIII 5 Coil] nanN Addr«,: PO Box 888 C it\:_ Manchester State: GA Zip 31816 NUNN BE Firw: Woman Kick flrzirrican Vati��e American Hispanic American Asian Pacific American other {Specif ) 11\_ p Date: Jirly 6, 2009 v V Atijrhoi-Led nepi*esemwive - jimv si{i i1 hr huird 011l:cr Name and Title: Wayne Seymour, National Sales Manager Please P11w Business Teluphone Number 866-883-6226 FAX: 706-8.16-2224 or 216-774-1875 Fim it Add?-os bronlll.rcedw shci-i%in.co LABEL THE OFTSIDF OF FOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME., AND YOUR COMPANY NAME AND ADDRESS. 09-Uo8-RH-IT6.doc 6 ITB#09-068-RH, Runway/Taxiway Marking Paint Runway Taxiway Marking Paint CITY OF LUBBOCK, TEXAS ITB :409-063-RH THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. 1. INSTRUCTIONS TO BIDDERS 1 1311) DELIVERY, TIME & DATE i. I The City of Lubbock is seekini, %%ritten and scaled competitive bids to furnish Run ay,'Faxiway Marking Paint per the attached specifications. Sealed bids will be received no later than 2:00 p.m. CS f, Juh 7, 2009, if date time stamped ort or before 2:00 p.rn. at tite office listed beloNti. :'tiny bid received after the date and hour specified xvill be r�jtcted and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT- HAND CORNER: "ITI3 #09-068-RH, Runway Taxiway Marking Paint "AND THE 1311) OPENING DATE ,AND TI1'IE. 13IDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids Ltttlst be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 lath Street. Roonn 20 4 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing; Department. Mailing ol'a bid dues not ensLlre that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we su—rest that he/she use some sort of delivery service that provides a receipl. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier a,-,cnt who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone. ciectronic mail, telegraphic U-ansmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 'I he Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing, ol'the bids, Bids CANNOT be withdrawn, ahered, or amended after bid closin,. Alteration made belbre bid clusim, must be initiated by bidder -umanteein- autheltticity- 1.5 fhe CitN of Lubbock reserves the right to postpone the date and time for openin bids throuh un trddendum. PRE -BID MEETING - DELETED CLARIFICATION OF REQUIREMENTS 3.1 It is the intent wld pLlrpuse of the City of Lubbock that this re(lLlest permits competitive bids. It is the bidder"s responsibility to advise the City of Lubbock PLII'Chasing Manager if am Itur�uale. I—CLIMrenteinls, etc., or any combinations thereof. inadvertenth restricts or limits the NQUir-ements stated in tlris J13 to a single source. Such notification must be submitted ill writin, and must be reccivcd bN 111e Purch,t,iltas Mz mtocr no later than live (5) business days prior to the bid clusin" date. A review of such notiticatiults gill be made. 3,2 ALL REQUESTS FOR ADDITIONAL INFORMATION Oil CLARIFICATION CONCERNING THIS INVITATION TO BID (ITI3) MUST HE SUBMITTED IN WRITING NO LA FER THAN FIVE (5) BUSINESS DAYS PRIOR TOTHE BID CLOSING DATE AND ADDRESSED TO: Rubin Holder, Buyer City of Lubbock 162i 13`r' Street I.ubboci., Fexati 7940I (806) ?75-2164 �y C .5 :2H 1T[i.�ioc IT6#09-068-RH, Runway/Taxivray Marking Paint rholdemi'[ny]ubbock.us BidSync: http:;hvlvw.bidsvrlc.com ADDENDA & MODIFICATIONS 4.1 AIl\ changes, additions, or clarifications to the FFB are iniade by AI)i)FNI),% inlornultiun available uva' tht Internet at htth: m%Olid,vnc.com. We strongly suggest that you ChCC c 1'01' auly addenda a nlinirnunl of tort} -eight (tours in advance of the response deadline. Ill 517NK:S,,4"S 111TH(A I IN I F_RN1: I' A( CESI, may use computers available at most �t�lir lihrtric_,. 1ny offzrur in doubt as to the true nlcailin� of any part of the ITB or other documents ma} rryucst an interpretation thereof lium the Purchasing Department. At the request of the offeror, or in the cvviil the Purchasing Department deems the interpretation to be substantive, the interpretation will be made h\ +written addenda issued by the Purchasing Department. Such addenda issued by the Purchasing Department %will be available over the Internet at htip:"wwly.bidsync.conl and will become part of the proposal package having the same binding effect as provisions of the ori4-inal IT13. No verbai explantttiorls or interpretations will be binding. In order to have a request for interpretation considered, the request nnist be submitted in writing and mull Lie received by the City of Lubbock. •1 3 All addenda, amendments, and interpretations ofthis solicitation shall be in writing. The City of Lullback ;hall not be le�-ally buund by any anlendnient oi• interpretation that is not in writing.;. Only infcir 1 is n supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder nlay have had before or after receipt of this [TB with any individuals, znlpluyces. or representatives of the City and any information that may have been read in any news media or seers Iir Ilcard ill any communication facility re-ardin, this bid should be disregarded in preparing responses. 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 1:XANIINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of dwse specifications. �.? Betii-e submittim, a bid, each bidder shall be responsible for making all investigations and examinations that arc necessary to ascertain conditions and requirements affectim—tile recluirenlcnts of this Invitation ru Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and roquirenlents of the Invitation (0 [lid. 131D SUIIMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND "CWO COPIES OF THE SEALED BID TOTHE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL COPIES MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked "ORIGINAL" and the copies must be clearly marked "COPY". 6.2 Bids must be submitted on the Bid Form and the Bidder must si.U,n imd date their bid ill the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price. extended cost, and delivery days in the columns provided. In the event ot'discrepancies in extension, the unit price shall ­uvern. FILE BID FORM MUST BE COMPLETED 1N BLUE OR BLACK: INK OR BY I-Y13hWRITLR. 6..1 1 he City is exempt from Federal Excise, State Sales and Transportation tuxes. TAX MUST LOT Ill. INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing lhlana,er upotl request. 6.4 .Inc inlorniation regarding warranties tend/or maintenance a-reerllents pertntnin, to said hid iteillts) arc to be includod in the bid. o 5 Bid-, 1� ill lint be considered unless bid F.O.B. delivered arld include Al deliver% find pachagin,: co,tS. I'he ntlnlber of ctdendar days required to place the materials in the city's rcceiving point under normal CunditiullS must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery dats on the Bid Form will obligate Bidder to cunlpletc deliver,in mo \veeks, A minir ium of fine dais better deliver• will autunlatieally break a tic bid. Unrcalistically diort or undue long. dclkerN pn�mises may cause bird to be disregarded. Consistent failure of a bidder to niect delivery pronllses witlout .l +alid Ie;ISoil 111M CaaSe rellluVa1 from tile bid list. 09-0i,8-RH-ITti.doc ITB#09-068-RH, Runway/Taxiway Marking Paint 6.6 Bid prices must be firm for a minimum period ot'sixty (60) days. Bids subject to price increases %ill not be considered. 0.7 All bids, responses, inquiries. or correspondence relating to or in reference to this I I-l3, and all reports, charis, and oilier dOClirllentation submitted by bidders shall become the property of the C'itw of Lubbock �I hell received. 0.8 11' there are any ;additional cllarues of any kind, other than those mentioned abONO, tihee•itILd 01' unspecified, offzror MUST indicate the items required and attendant costs or ioi•leit the right to pmllleut 1Or such items, 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 6.10 A hid will be subject to bein, considered irregular and may be rejected if It shows omissions. alterat!it!ls off )rnl. conditional alternate bids, additions or niternates in liett of the itenls specified, if tllt unit IViCCs are obviously unbalanced (either in excess of or below reasonably expected values). or irre ul<sritics of ,Ina kind. BID PREPARATION COSTS 7.1 ISStianee of tllis ITB does not commit the City of Lubbock. in am wmy_ to par am costs inctn-red in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to pruye equality of product will be at the expense of the bidder, not the City of Lubbock. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission ofa bid shalt be paid by the bidder. BADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUI3LIC INFORMATION A C[' 8.1 If you consider any portion of yotu• bid to be privileged oi' Ctalidential by statute or judicial decision, 111cluLliM' trtlde secrets XId cominerciul or financial Information, clearly identify those portions. 8? The Cit} of Lubbock will honor your notations oi'trade secrets and confidential information and decline to rciciise such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be witflhekl from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked ,is being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552,305 of the Government Code, In the event that it is determined by opinion or order oftlic Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential inkier Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, t11e11 such information will be made available to the requester. 8.3 Nltlrking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Rocurds Act. �► LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be requited to pay. It► HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock herebv notifies all bidders that in regard to any contract entered into put-suont to this IT11. Historicalh underutilized Businesses (HUB's) will be afforded equal Oppurtunitics to submit hids and t011 not be discriminated ay,ainsl on fete ,rounds of race. color, sez, dis;ibiliN. ur n.!t1on01 ,r!ein fin cun�idcration ofan anard. 10.21 A I It R is dclmed as a small bti51nea5 concern Mhicll is at least 51'-, OWiled quad wntrolled b\ one or more urci,ilk and ecotaornnicalk disadyantaued individuals, or it) the case of any puhlicly ut+ued husmess, it Ie<ut 51 °o of the .stuck of which is owned by one ore more socially and cconomiLa11% disadvamaL�cd individuals. Socially and economically disadvantaged include 1Vonlen, Black Alnei'IC:aih, Hish,lnic Allle ic;tils, Native Americans, Asian -Pacific Americans. and Asian -Indian Anlcricans. 09-6-,8 RH-ITB.doc 9 ITB#09-068-RH, Runway/Taxiway Marking Paint I I CONFLICT OF INTEREST 11.1 The bidder shall not offer or accept gifts or anything of value nor enter into ariv business MI'Xi emcnt l%ith any employee, official or agent of the City of Lubbock. 11.2 By siruning and executing this bid, the bidder certifies and represents to the Cite the bidder has not offered, conferred or a<greed to confer any pecuniary benefit or other thing of value for the receipt it' special treatment, advantage, information, recipient's decision, opinion, recontillendatiort, tote or arly other exercise ofdiscretion concerning this bid. I? AUTHORIZATION TO BIND SUBMITTER OF 131D 121.1 Bids must slaov, vendor name and address of bidder. Bids must be manually sioned hN in officer of the compam authorized to bind the submitter to its provisions. Person signim, bid must show title or AL 1-110R1 IY TO BIND THEIR FIRM IN ,A CONTRACT. Failure to nlanualiN lien bid Will disqualily it. 12? 1'110 bid submitted by the bidder shall become an integral part of the contract bez�%een the City and the Bidder and the representations, covenants, and conditions therein contained shall be birldin" upon the person. firm or corporation executing the same. 13 L31D AWARD 1 }. I The contract niay be awarded either to the lowest responsible bidder or to the bidder who provides ,gods or services at the best value for the City of Lubbock. In determining the best value for thin City of Lubbock, the City may consider: a) Tile purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) Elie quality of the bidder's goods oi- Services, d) The extent to which the goods or services meet the City's needs, c) The bidder's past relationship with the City; 1) The impact on tale ability of the City to comply with ia'.vs and rules relating to uontrtrcting with Historically Underutilized Businesses and nori-profit organizations employing, persons avith disabilities; g) file total long-term cost to the City to acquire gods or services: and h) .Any relevant criteria specifically listed in the Invitation to Bid. 13.21 The City- of Lubbock reserves the right to re1ect any or all bids, reject any particular item on a bid, and to tivai\c immaterial formalities and to accept the offer most advantagemis to the Citv of Lubbucl< in its sole discretion. Unlcss otherwise specified herein, the City may award the bid for ally item or ,roue of items shown on the: Bid Form. 13,, Ail bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tic biddin­ on any commodity could be cause for rejection of bids by the City of Lubbock and/oar investi,ation b\ the Attorney General to determine possible Anti -Trust violations. 13. Before the Cite may award a bid to a nonresident bidder, the nonresident bidder's bid mint be lower than iolvest bid submitted by a responsible Texas bidder by the sa ine marvin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.5 Am contract made, or purchase order issued, as a result of this Invitation to Bid, s1mil be ertered into the Staic of Texas and under the laws ofthe State of-Cexas. Ill connection with tllc perfornlaricc ofworl.. thc Bidder agrees to comply with the Fair Labor Standard .Act. Equal OpportunitN Emplo%ineni .Act, and uli other applicable Fcdernl, State, and Local laws, reLoulations, and cNccutive orders to the extent that the same arty be applicable. l,.o No INDIVIDUAL OF ANY USING DEPARTMENT HAS FHE: AUTHORITY FO I-F.GALLY AND OR FINANCIALLY COMMIT THE CITY 1'O ANY CONTRAC1-. AGRE-L. MEN l OR PPRCIIASE ORDER FOR GOODS OR SERVICES. IINLESS SPE'CIFICALLY S,A\C'I IONIA) 13Y HIE IE KEQI;IRL"ti9ENTS OF HIIS iNVI`1',A'I JON pO BID. 09 o,&riti ITB.du� 10 ITBA09-068-RN, Runway/Taxiway Marking Paint 13.7 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders ire those that have. in the sole judgnlent of the City, the financial ability, experience, resources, skills. capability. reliability and business integrity necessary to perform the requirements of the contract. fhe City may also consider references and financial stability in determining a responsible Bidder. 13.S The contract shall be for one vear. said date ol' term begillnlll" upon executed c01111-aC1. l-ale Cin; and Contractor may at any tinle during the life of this contract, terminote this contract by ,i%ime thirst i-10) Mass notice in M-itin�t, to the other part of its intention to cancel. Id TQL AL EMPLOYMENT OPPORTUNITY 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions Of enlplovilient based on race, sex, national origin, age, disability, or in any way violative of Title V II of 1964 Civil Rights Act and amendments, except as permitted by said lases. 1;; SPECIFICATIONS 15.1 Any catalog, brand name or manulacturer's reference in the specifications is descrillike and NOT restrictive, and is used to indicate type and quality level desired. Bids on brands oflike MAIN and qu;llily nlay be considered unless specifically excluded. I -�.2 if bidding on other than reference or specifications, bid must show Inanulacturer, brand. Made name, ctttalo-1 and.or lot number, etc., on article oftered and certify article offered is equivalent to specifications. lfother than specified brand of items are offered, specifications, catalogs sheets, illustrations and complete descriptive Hteratl.lre !trust be Submiacd with bid. 1 S.3 Bidders taking exception to any part or section of the specifications shall indicate such exceptions on the specifications. Failure to indicate any exception will be interpreted as the bidder's intent to compls Fully with the requirements as written. Conditional or qualified bids, utlless specifically allowed, shall be subject to rejection in whole or in part. I i.-I Minor deviations fi.0111 written specifications shoal not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. The City has the ri+-fit to waive minor defects or variations of a bid from (lie exact requirements of the spccitjcations that do not affect the price, quality, quantity, delivery, or pertorimmce time of serviccs being proctored. 15.5 The City may deem it necessary to specify Approved Brands after conclusive testing. prior us;tt,e Or standardization. The City may test any sanlplets), supplied tree uf' charg"O, to duality fur the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the saniple(s) not destroyed or used in examinations and testing will be returned. 15.6 When specifications call for samples to be submitted, samples must be delivered by the bidder, at bidder's expense. to the I'tn-chasing Manager no less than seven days prior to the opening of bids. Each sunple must be clearly tagged to show bidder's name and address, item number, and the name of the item heing substituted. The name of the nlallufacturer and brand name, technical data, intended use, clad otller pertinent data for product evaluation must accompany each sample. 16 QL':WFIC'ATIONS OF BIDDL:RS 16.1 Hie Kidder may be required before the ❑hard OI illy Contract to slmO to till' C0I11131CIe S;nISI:1Ct1Ull of ttic C itv of Lubbock that the Bidder or his Subcontractor has the nc:eessarN facilities, ability, and 11wilicia1 I-QWUl'ce5 to provide the service specified therein in a Satisfactory manner. Hie Bidder mas ol,,o he required to give a past history and references in order to satisfv the City of' Lubbock itl re and 11) tllo 13idder's or his Subcontractor's qualifications. 16? the City of Lubbock nlav make reasonable investh,ations deemed necessary and proper to determine We ability of the Bidder ot• his Subcontractor to perform the work, and the Bidder shall titrni_,•h to the Cis} of Lubbock all information for this purpose that Inay be requested. Tile City ol'Lubbuck re�,erves the riLdIt h) reject :u1y bid if the evidence submitted hy, or insesti,tahon of', the Bidder tails Icy Nauss:": the C'iP. 111' Ldhboch that the Bidder of his Subcontractor is properly qualified to carry our the obli,Wlikms of the comract and to conlpiete the work described therein. E=valuatioll of the Bickler's or Iris Subconh';lct(n's gttalifiCAionS shall include: a) I -Ile ahilit}, capacity. "kiil, and financial resources to pel'Cnl•nl the ssullti ar the cr�i req u i red t)4-t}, 8 R11-1T8.coC 11 ITB#09-068-RH, Runway/Tawway Marking Paint b) The ability ofthe Bidder or his Subcontractor to perform the work or provide the sell ice promptly or within the time specified, without delaN or interference; C) the charac[er, integrity, reputation, jud�,ment, experience. and efficicnc% of the Bidder or his Suhrunn•actur; d) The quality of performance of pre-, ious contracts or services. 17 ANTI -LOBBYING PROVISION 17.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND T14E CON TRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIREC 11Y DISCUSS OR PROMOTE THEIR BiD WiTH ANY IViEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQI:IRIFS, BRIEFINGS. IN I'ERVIEWS. OR PRESENTATIONS, UNLESS REQUESTED 13Y -[-HE CITY. 17.21 This provision is not meant to preclude bidders from discussing other platters Nvith City Council members or City staff. This policy is intended to create it level pfaying field for all potential bidders, assure th,it contract decisions are made in public, and to protect the integrity elf the bid process. Vialatiwt of [his prevision may result in rejection ofthe bidder's bid. IH BONDS, INSURANCE AND INDEMNITY I S. i No bonds are required to be submitted with this bid. 18.2 The successful bidder shall meet the rrlinilalurrl insurance requirements as defined in Section 11. A City of Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agent/broker(s) must accompany each bid. lit.; The successful bidder agrees to indemnify, defend, keep and save harmless the City, its agents, olticiais and employees. against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, jud,ratents, costs and expenses, which may in anywise arise or accrue against the City in consequence of the wanting of the contract or which may anywise result there from, wliether or not it shall be 111e1'ed or determined that the act was caused through negligence or omission or the ContrttCor ar its employees, Or of the subcontractor or assignee: or its employees, if any, and the Contractor shall, at his own expense. appear, defend and pay all charges or attorneys and all costs and other expenses arising there Troll) or incurred in connection therewith, and, if Lilly judgment shall be rendered against the City ill any such action, the Contractor shall, at its own expenses, satisfy discharge the same. Contractor expressly understands and azrees that any bond required by the contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 19 UTILIZATION OF LOCAL BUSINESS RESOURCES The City desires, as much as practicable, to stimulate growth in all sectors of the focal bnsltic7s aanurnulity. Bidders are strongly encouraged to explore and implement methods For the Utilization of local rCsuurccs. 21) PROTFST 20.1 All protests regarding the bid solicitation process must be submitted in writing ro the City Purchasirl�, fvtanagvr within five (5) business days following the opening of bids. This includes all protests relating tO advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, its well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to ttw;n-d Of this bill. Protests relatin-, to staff recommendations may be directed to the City Mana,cr. All stair recopualelldations will be rllade available for public review prior to consideration by the City CounCii as alluwcd by law. lu., FAILURE To PROTEST wrrH1N THE TINIE ALLOTTED SHALL CONSTITUTE A % A1% halt OF :ANY I'ROTI:ST. 094'.-,8 Rh-IT6.cloc 12 79#09-066-RH, RunwaylTaxiway Marking Paint 21. CONTRACT TERM 21 1 the contract sllall be fora term of one-vear, said date of terns beginning upon Cite Council date of fornlcrl Approval. I'lle Citv and Contractor may, Lipoll written mutual consent, extend the contract for 1%%o additional one -}ear periods. The rates play be adjusted upward or downward at this time at a percentct,e riot to exceed the effective char-e in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract For the previoLts 12-months. At the Cite', discretion, the effective chan,e rate sllall be based on citll,:r the local or nationai index LneruuQ rate fur all items Ifa,reenlent cannot be reached, the contract is terminated dt 1110 end of the currcut contract 11c110d. 1.- Li,ted kluailtities arc estimates only. Actual quantities maN var} dependent upon usage reLluitrnleut 22. 14'1011NATION OF CONTRACT 22.1 This contract shall remain in effect until the expiration date, performance of services ordered, or termination by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 23 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS +.I Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code. In purchasing.; under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place ol'business is in thr nntllicipalit". and whose bid is within rive percent of the lowest bid price received by the iunicipality fi-0111 a bidder who is not a resident of the municipality, the municipality may enter into a contract vvith: ( I ) file lowest bidder; or (2) the bidder whose principal place or business is in the n1U1liCipallty II the governin�-1 body of the municipality determines, in writing, that the local bidder offers the municipality the best coillbulation of contract price and additional economic development opportunities fair the llurllicipality created by the contract award, including the eniployrrient of residents of the municipality and inercased tax revenues to the municipality. '3.This srction does not apply to the purchase of telecon1111unicatiors services or information services, us those terms are defined by 47 U.S.C, Section 153, 23.3 In order to receive consideration, bidders must submit an Affidavit of f.li-ibility. The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Pleaw let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to f,lcilitale your participation so that all responsible vendors can compete for the City's business. Awards should be 111ade approximately two to six weeks after the opening date. If you have any questions, please contact the Cit) of Lubbock Purchasing Manager at (806) 775-2165. 09-0,8•RH-ITt3.cuc 13 ITB#09-068-RH, Runway/Taxiway Marking Paint Ill, GENERAL CONDITIONS *'°** PLEASE READ CAREFULLY **** Ilse- i "nicr,ll C'omditidms apply to all kids and becunic a hill'( Of, the forms Iald cuuditiuns Oi'an) hill ,ubnlited. i'he CIt% hall lncall the t_'tl\ I uhhucl, ItecniirCnlellu� C'11111racl: DUI-illu the period of the contract, the Contractor ,hall pruyidc all the ,cr, ices de,Lrihell ill the LnluraLi the 011111•Pclor understands tend 021-OC, that this i, ❑ r'ccluiremerllti eonlract and [hill liw ('It% ,hall 1',a\c no obhguul,n I„ lLe i. uJl11`.C1nr ii'llo ,LI"11CL, :t!'C I-CgUiled. All) LIUAntitiCS that UrC illCludCd Ill the SCOIX nl'UUt'h reflect lie Cnrl'erll C\pCCfatl(1ns of the I111- IhL pleriud cll' the eulatract. d'hc amount is on1) all esUnlale send the Contractor Understands and agrees that the Cit\ is trrldcr un Oklis atiun 10 the C'untraclur Iu buy any anwunt of the services as a result ul' ha\ ill-, providcd this cstin)atc or cl1' h,n Ind am t) pical or measurabiv requirement in the past. The Contractor lufflier understands acid ;lgrees that the Cit\ nla) require Su•, ire, nl ill ;lluuunt less than ur in cxces-, of flit estimated annual contract timount and that thL Lpuantil)• ilLttlall, used. ,\helher in eu s ul' the esurnalc or less than the estimate, shall not gi\e rise to any claim iur compensation other than the Iolal ot'the unrl prices in [he euuLl:ILI till- the cluanlil, llrluall\ used. In making its bid hCrCUMICr, rile Cuntraetur e.Xpressh recognii.es tie rights ul'the OIN lu'OidLd I1C1'LIII, and Illrtler I'ccounl/es that the Contractor shall ha\e no claims :tgaill�,l the C•il) lbl- ;Wlicipaled prolits fol- tl;e la:ullite� Balled lilr, dinllIIIISI dl or deleted \tuC,1pL't_•rat1011: All Iluuls for paylliellt 1i) the Cit\ under this contract are subject to the :IN ailahilil) of an annual ;lpprnpr'ialion I'm -Im purpo-.e m the C'it\ ill the event of, nonappropr iution of tilnds b) [Ile C'it) COMICil of tltc Cil\ u1' LU11hock for !hc ,uuds Or ,C: % XN IWO\ i\Icd undo the contract- the ('it\ r\ill lernlinale the COalract. %%AIIUut lerininaliun Lilargc or Miler llabillly. on lice lass Ja\ 0I 111L Iile�I-current li,Lul _,•cur or \\hell Ill apprOprialion made lug the then -current year lOr the goods or xrviees cu\ered h\ Ihl, u llr:let is .pent. %\Iiichcvcr c\enl occurs first. It' at ;ln)' time fund, are not appropriitedd Ibr the continuance of this contracl. ,:;wcehaliott shall be accepted by the Seller oil thirty (30) days prior written notice. but failure to give such notice shall he 01' nu LCti cl ,wd the C'in ,half not be obligated under this contract bC\:Ond the date ol'terminalion. In\otcca I'onlractor shall submit Separate invoices, in duplicate, on each put'chuSI! Order or purcltane release i ier each llcli\er\. 111tolce5,had indicate the purchase order or purchase release number and the supple agi—CCU nt number il'applicable. Invoiccs,liall ne It011i/eit ,old I1-atl,Pn1'tation ch;irges, ifany. shall be listed separalely. A copy of* file bill oi'ladirl!„ and the lieinhl \\a)hill \\'hen app)licahlc, shall he attached to the invoice. Mail to Accounts Payable. City Of' Lubbock, 11.0. 13a\ 2000, Lubbock. Tcvas 79-1?iT 1'a%Inuit ;hall not be due unless and until file Contactor shall not he in default under the terms ot'thc contract, and until the aho\c in,lrunlenl; ;ur subrllilled alter deliver\• CITY MAY MAKE PAYMIiN 1'S FOR PURCHASES 1 iNDEIZ TP HS CON I IZA( 1 t 1iVi fIII. ('11'1"S N•IAS"I'1'RClift!) PCIRCIIASINCi CARD (PCARD). HIP, SELLFR AGRE.ES 1'0 ACCEPT PC'Altl) WTI -I IUI I ANY \UI)I'I IONS OI1 Si!RC'I1:1ptG1:S. �n_1h'arrnll\ fi\ I he C'it, °leainat Infringements: As part ul the contract ]''or sale, C'uwraclur agrees lu ascuaairl \vhethcr il'OOdS ,a;ua1lactutecj in llcutrtlance \\ith the specilicalions atlacltud to the contract mil give rise to the righlllrl claim ul'all)third person Ill \,;r, lit kilYlll_ucinew ol'the like. She City makes no warranty that the production oF goods according to the specification will nut ki,r rise to such a claim. and in no event shall The City be liable to Contractor tier indentnilicaliun in the e\enl Thal C'untraeltlt' is ,ued on the _rounds of irlliingenlent or the like. If'C'unlractor is of the opinion that an itlli'in"cment Or the like \\ill rcsull, he \%ill olil'v rile t 'il% to tilt, ell'ecl in \\riling \\itllin two weeks alter the signing ul the contract. ]]'tile CilY dues not receive notice and is ,unsccluvmk held liable fur the inl'ringL:n)ent or the like. Contractor will save 1'he City harmless. It'Contnelor in goad Iaith :r•dettaitl, 11le I)rtldiLICLi011 of file Loads ill accordance \%ith the spcciticaliuns will result in inli-ingement or the like, the \'untruci ,htill Ile nut aild \ „id. t_:;nuiiiL,. I'hc (-'it\ ma\, b\ wiiten notice to the Contractor. cancel the contract ur purchase order \\ithuat liahilit) to C-nnlraeltlr it it I, &IL:1,r11111Cd M the Cil, that -,ratuities. In the: li)rni ol'cilicrillilinicnt, gills lit' Llther\\ISC. Nxt:re o1fL•I'Cd or!,14'Wl 11\ the C(JrltIaclor. it sine aeel.t or repuve,enutto v Uf the Contractor. fit) any officer or employee of' tile Cit) of Lubbock with ;i sic\+ lu\\ard ,ecutiu` cl ntract or ,eeurittg fh, amble t1•eutment \\ ittl respect to the a\rarding ur amending. or the making ot'ally detu'nlinations l\ Ill respccl the I1er!i \Wall, ul 'AlCil a contract. In the event the Contract is canceled b) the City pursuant to [Ills provision. III,: City shall he .:nl pled, in addition to sell) Other rights and remedies, to recover or \\iihhold the anlolint ol'(he cost incurred b) Cownic:or in I)rt,,din� ,Welt ;�r;ltnitid.. ti Ftwt:e \L•I'rure: Neilher party shall be held responsible lilr losses or dattiaCees hereunder. if the fillfi11111L ll 01'WIN terra., ell prur itiiOIIS d I!i, contact is dela\cd or prc\cnlcd ht strike, walkouts. acts ul Ciod, Or public encnr\. lire. U1. tluod. \ ,Iaiuient,lJ�le_;}li )n: 1\'u riallt or interest in the contract shall he .r„jetted or dele'alinn uf;1nN 0b11g,1iitW M.;tle I), t tvlund:•i1 t\ II!1�IUI the \\\hell permission of the Clt), Am attempted assignnlcvll or Julcuatiorl h_, bout';lour shall he ,'tl,l and loi.,ll\ nc�h:c[i\c Iur:111 pul'pli e, unless InadC Ill eurlPurm11, l,ilh fills pare r;Iph. \I,neria! ti,i_iv 1);1111 tiher[s: Seller ,hall provide the Cit, of, I.uhbuLk \\itll curdlll Material sal''el, Uala tiheeh (\ISOS) iiir each l eu.ieal dlelined lI, hilvardous uIder tic leas llatard ('un111uulicauun Act te\cr) chemiLal bearing ;ut\ Inanuer of \\;n'Ilin_ 1.11-cl oll l!w cowailler) to colllpiy uiltl provisions of the Texas I laiard Conlmunication AL't. I illy ti. Suhdhapicr 1). L n,lptcr 5W. I e> u:, I Ic.11lli and �,Ilcl% Code Ann ( Ihis Act is curollar% to USHA Standard 29 CRI 11)10,1200, \lhich is !seneralk kiitmll a., the its hliur\ 1 ,m I 09-1-1A-RH-IT13.0oc 14 ITB#09-068-RH, Runway/Taxiway Marking Paint \\ i.\Cr: No Claim or iiollt ;arising out eel` a bre:ICll of the CuntraCt Can be diseha'gCCI ill \\hole or in part h\ :I \\ai%er or rennnCiatiun ,11' 1'ne chart or ri_�Ill unless the \\an Cr or I'CIIURI']atiun is sllpporlCd h} Consideration and is in \\ riling signed h} the ag�rieteti pail III R .-hilt, \,,,Irancc: \\ hate\ er olic part} to the contracl in good I'aillt Il:t, I-Cuson to quCstion Ilse ollwr Party', intent to pCrlorHl IiC nl.,\ dellwrd Ihal 11w other purr gi\c \\1'iltCn ;Issuralwc of tlli, intent to pertit'nl. in the OCllt that :I delnaild Is 111.16C and 1111 .11•.+It'XIcc i, lti\ en Within fi\e (i) do%s, the dcnr,inding party nt;q u'eut this failure as aft anticipatory I-C{xldialioH of the t<unlro 1. I I t ii,oti,Iawtor\ \1 ork: 11'. at am brit dunnt_° the contract term. the service pCrtnrnled or \\ork dtllle b\ the t'unu'actur is C IhidCrcd h\ I I I C ('I IN to :I-Ca0.• a Corldi Iion that threatens the health. safetn, or \\CI tare of the co Ill In unit, IllC Calil raetoI" , IiIIL on heat II hillCd n\ die t It\. inin]CtJntel\ Correct Such deficient service or Nvork. Ili the cient tale C oiltl`,lclor ttlllti, aflcr IlU lc, to lorrCe4 Ilse 'iCi wilt scr\ lce or t\ork mmledruel}. the Citi shall ha\e the rwhl to order the corrcL:6011 ohthc JelICICHO In sCll:arate coma:ICt nr +\ tilt its tm n Iexnlrces at the expense of the Contractor. 121 1 one: It i, iwteb\ c\pressl\ ;hI'Ced anti understood that lime is of Ilse essence for the perforglancC of the Contract. ,and :11ilare Il\ C +nt'aCtoi- io tllect [lie time specilica[ions of the Contract \\Ili cause Contractor to be it1 del`ault oClhc contrwi. 13 '�ilCttcC of I'hc apparent silence uf• spccilicatiot> as to unv dCtuil, ur the apparent unllss.un 1rolll it of a ticlail�:d s:Ilpllou oinecrning arty point. shall he regarded us Itcalling that only the hest Commercial prodicts and pr:Ic[:ce, arc to pre\,iil ,rIJ that only rlrucraal and \\orkinaliship ol`the lined yacht arC 10 bC used. All interpretations oftlic specilicmions in Ibis hid Nh.Ill hC 111,1dc on IIIC basis of Illis gatolnent. The items Curnishcd under this Contract shali be ne\\. unused. of the latest product In hnl'fortion to c\lmmorcial trade. and shall be of the hiehCst quality as to materials used and workmanship. N'la m&iclurc furni,hiHc lk,"C shall i,C eXpCrICHCCd in dCSiLll :old ConstruClion ut such items and shall be :ln established supplier of the item hid. I -I IHdrmniliC;Iiiitl: Seder shall indemnify. defend. keep and save harmless the City. its agents. ufliciuls and CnlployCCs. again,t all injuries. deaths, loss, da nia-cs. claims, patent claims. suits. liabilities. judginCnts, costs and e.\pcnses. \\Mich Ina\ in anyt\i>C ailsc or Accrue .It.ain t the Cily ill conse(Itmicc of the grantlnL Uf the contract or MIMI nla) tell \isC resillt lilerc from. uhethcr ur not it ;.Bull i\t• allcucd or determined that the tact \uts Caused through ncglipCllce or omission of the SCIICr or its cnlplo\CCs, (11' eel' [he ,uheontruCinr ur ussignCe or its cnlployCes, if an\. and the Seller ,hall. at hls own c,.pcusc. appear_ dcl'cnd anti pay ;ail Chur.,es of tiimle.s :Ind off costs and oilier Cspcllses arising 1110rC 11'0111 or incurred ill cannCCtion thelOMIll. utd, il'any •ludenleit shall he rcnderCd n1;linst the C'iTV in till% such uclion, Zile Scllcr shall. at its o\vn espcilscs, satisll disClaarge [lie .auC. 5C1[Cr Cxprc,>►% n:dcr,tund, ,nod aurces Illat an\ bond retluircd by the contract, or ttlivmisC provided bw SCllcr, 'hall in nu \\ay titan the C,porlsihihl} to indCi111111 . kCep anti s<1\ e hal-InICS5 and dclend Ilse Cit as herein pro\ idCd. I 1 Cnilination. I lie C'il\ 111a11 terminate the contract or purchase order in whole, or ill part. Termination hereunder sh;Ill he CIli;cted I\y ill-, dellter\ Io the Seller of a "\olice of ferminaton° specifying [he extent to which the contract or ptlrehase urdcr is Ienninntcd .IuJ illy \IatC upon Which such lCrulination becomes etlective. In the event of said termination. in WtIOIC or in part. Ixlt\ idCd Ihal SClkr shall not be in defulllt under the Contract, the Seller shall be entitled to payment only lair LI\+ods aCiu[lll\• dcli\CrcaL wiJ."or .,CI \ ices ncloally performed tinder and in compliance \\ith the terms ofthe contract or purchase urdcr. 10. I'hC (_'it\ Kit_°llt to Amlil: At any tinge during the tern] ofthis thereafter the C'ilr, or a dulN authorized audit represcrtalire ut the Cily u the State of hexas. at its expense and at reasonable lines, reser\es the rigl]l to audit ContraCtor's record, rind hooks relc\ ant to all "Cl \ ices pi o\ ided under this Contract. In the event such an audit by the Cily reveals any errors or ovCrp;iyfnCnl> by the City, t_'+uuractor sh,lil refund the 01% the Ittll alllaunt ol'surh overpayments \within thirty (30) da\, of such audil tindins. or IbC City. :it il� .1111ion, reserves [Ire right to deduCt suCII amounts o\ving the City from ally payments clue C•olit•uctor. IT I_rl,i]'or1111Cp1;d SIC\\ardship: -ihe City of Lubbock is hilly committed to environmental esceltencc. It is IhC policy of"110 City it) dcnionst-atc sound cio ironnlcntal periblillance by controlling and mitigating the environmental impiul ol` City octi\ ilics. operation,. and services. This commitment extends to the procurcment and contacting process. Conlrtictors and suppliers selected to provide ,or%ices and materials to the City are required to uphold an equally high stumkird. To that end .III ConlraclorS ;laid sul"Ildcl's hired b\ the City agree to maintain Bill compliance \with any and .d1 applicable mvironmenlill I—cLulations. Ito Liddilwil. ulnli'aClor, and supplier agree to implement whatever processes and procedures nccCssar\ to I-CdnCe and ClimnlatC polldtii n told %%AMCs ;Ind Conser\e naltlral resources \chile under comnicl \\ith the City. fo the ;rCttlest c:.ICnI pussihlc, t\h1iC ,till deli\Cri[W 111e .11„[Fly',Cr\ icc or rnalcnaL tit\ Contractors Lund suppliers. as \\ell as an\ sub-Cotllraclors under their ,1111ci\ i,,1oll. \\ ill: • nlilitoli/C uaste:ald pollution aCncr;ation: • Coal\CI"\Cn,ltuialre,�lorCCs,uldCnenp, • t111101 iiC the use Ill haiarduus materials by choosimg the k%lsl tone - \Ct ellecli\c - I1latCrial> .a1I•.[ pr 1duCts, • ur.0 llle h1°_hat 11%ailable pOM- Coll stnitcr contcnl materials ant! products: • 1'006e Illd,01' I'etlSe :1S t11nC11 aN Is possible. waste matCrI;SIS: and incorporate nuo project desl"It elllclCni li,ltireti. ap{lii;tnCCs :Ind mCChtuiieal Ctluipn1C11t. 09-0n8 RH-ITB.doc 15 ITB#09-068-RH, Runway/Taxiway Markmg Paint Runway/Taxi ray ?Narking Paint CITY OF LUBBOCK, TEXAS I B 409-068-RH SPECIFICATIONS I . PliIIt shall rlleo Federal Specification TT-P-I951D 11 Liter -borne Icad Free paint. �. `4 L'ndl)I' Illn,t 1)1-0%ide 11'I'Itten documentation that product being bid meets the I_eLl ired spcciliration,, l',lint ,hall he suitable for use on concrete and!or asphalt surfaces. -I. whit': and Yellow paint shall he delivered in 330-guallon lots in 55-gallon sealed containers. �. Mack and Red paint shall be delivered in 5-gallon scaled containers. 0 Ali paint shall be delivered within '12 110LIr5 of nutitication by phone ,tax or e-mail by airport maintenance personnel. Supplier must certify specifications on outside ofeach container. MSDS sheets mast come with each shipment. All shipments of paint must be delivered on pallets. -7. Prices shall remain firm for a one-year period with the option to renew Cor two successive ycal's thercniter. All yuautitics slwll be on a "more or less" basis. 09-0,.8•RH-1TB.d0c 16 ITB#09-068-RH RunwayrTaxiway Marking Paml SUSPENSION AND DEBARMENT CERTIFICATION Fc(leral Um (A-102 Common Rule and OMB CirCLtlal' A-1 10) pr011iblt5 n011-FcdeRII entiticS li-uin comracting ith or making sub -awards under covered transactions to parties that are suspended or dclharrcd or hose principals are suspended or debarred. Covered transactions include procurclnent curltractS for �aooLls or services equal to or in excess of S25,000 and all non-proCUrement transactiols le.L., pub-LINNIRs to sub -recipients). C ontr,lctors receivim, indlVidual awards of $25,000 or more and all sub -recipients must eertlfl' that the,)' on'alli%.Llllon and its principals �u'e not suspended or debarred by a Federal agenel. 13e1'0rc an murd of'S25,000 or more can be made to your' firm, N'Ou must Certify tll:lt Four clr��anizati� n ;llld its principals are not suspender) or debarred by a Federal agency. L the undersigned agent for the firm named below, certify that neither this lirm not- its principals are Suspended or debarred by a Federal aoencv. COMPANY NAhll-: The Sherwin-Willismms Connally �i�� raiure 0f'('0IIIpLu1y OftieiLd:� Date Siegtwd: July G, 2009 Printed name of company official signing above: Wayne Seymour 09-G68-RH-ITB.doc 18 ITB#09-068-RH, Runway/Taxiway Marking Paint CITY OF LUBBOCK NON -COLLUSION AFFIDAVIT STATE OF TEXAS ti LUBBOCK COUNTY 11 aN tie Seymour being first duly sworn. Oil liis her oath. says that the bid above submitted is a genuine Lind not a 5hi1111 or Collusive bid. or made in 111c interest or on behalf of any person not therein named: and s/he liirther says that the said bidder 11as pt)t direCtIN induCed or solicited any bidder on the above work or supplies to JIM in a AIL1111 bid, or an\ 0111cr person or corporation to refrain from bidding; and that said bidder has not in Lilly 111a1111cr souUht by Collusion to secure to self an advantage over any other bidder or bidders. The Sherwin-Williams Company NAME OF FIRM S[(tN:?l'I! YF BIDDER Nmional Saks Manager rr11.1. ,Sul)scrihed Lind sworn to before me this 6"i day of July . ?009 o"rruhiic 1 and fur the State tl�'1 ;C{�r�.;iLt 4�Lsi�lin�� Lit R►�EltPs4lESDCT 1.l'flt2 NIL rig-, !Illcr C'minty 1116 FORM MUST BE COMPLETED AND INCLUDED IN WITH -I HE f IDA)ROPOSAL 09-u•,8-RH-iTB.tloc 20 PAVEMENT MARKINGS 2325 Hollins Ferry Road Baltimore, MD 21230 800-368-2026 CERTIFICATION Customer City of Lubbock Reference ITB# 09-068-RH Product Description TH2248 Hotline@ White Waterborne Traffic Paint TM2259 Hotline© White Waterborne Traffic Paint TM2221 Hotline® White Waterborne Traffic Paint TM2224 Hotline@ White Waterborne Traffic Paint We hereby certify that the above listed products are formulated to meet Federal Specification TTP-1952D Type I & II, Federal Standard 595, PAINT, TRAFFIC AND AIRFIELD MARKING, WATERBORNE, dated June 10, 1993. These products are formulated to contain less than 150 grams per liter and conforms to the current VOC regulations. Pam Phillips Contracts Administrator MATERIAL SAFETY DATA SHEET TM2248 1800 i SECTION 'I — PRODUCT AND COMPANY IDENTIFICATION PRODUCTNUMBER TM2248 PRODUCT NAME HOTLINE® Traffic Paint (Fast Dry Waterborne), White MANUFACTURER'S NAME THE SHERWIN-WILLIAMS COMPANY 101 Prospect Avenue N.W. Cleveland, OH 44115 Talenhone Numbers and Websites Regulatory Information (216) 566-2902 www. arntdocs.com Medical Emergency 1,216 566-2917 Transportation Emergency* (800) 424-9300 ter �3;teaiicalEmer eng ONLY (spill. leak, fire, exposure, or accident) l SECTION 2 — COMPOSITIONIINFORMATION ON INGREDIENTS DATE OF PREPARATION May 3. 2C09 % by Weight CAS Number Ingredient Units Vapor Pressure 2 67-56-1 Methanol ACGIH TLV 200 PPM (Skin) 92 n-,m ACGIH TLV 250 PPM (Skin) STEL OSHA PEL 200 PPM (Skin) _ OSHA PEL 250 PPM (Skin) STEL 54 471-34.1 Calcium Carbonate ACGIH TLV 10 mg,1m3 as Dust OSHA PEL 15 mglm3 Total Dust OSHA PEL 5 mg1m3 Respirable Fraction 7 13463-67.7 Titanium Dioxide ACGIH TLV 10 mgim3 as Dust OSHA PEL 10 mglm3 Total Dust OSHA PEL 5 mglm3 Respirable Fraction SECTION 3 — HAZARDS IDENTIFICATION ROUTES OF EXPOSURE HMIS Codes INHALATION of vapor or spray mist. Health 3- EYE or SKIN contact with the product. vapor or spray mist, Flammability 2 EFFECTS OF OVEREXPOSURE Roactivit 0 EYES: Irritation. SKIN: Prolonged or repeated exposure may cause irritation. INHALATION: Irritation of the upper respiratory system. Play ..ousts nervous system depression. Extreme overexposure may result in unconsciousness and possibly death Frolanged overexposure to solvent ingredients in Section 2 may cause adverse effects to the liver and urinary systems SIGNS AND SYMPTOMS OF OVEREXPOSURE i -eadache. dizziness nausea. and loss of coordination are indications of excessive exposure to vapors or spray mists. I .• Ins ss and itching or burning sensation may indicate eye or excessive skin exposure - MEMCAL CONDITIONS AGGRAVATED BY EXPOSURE P, ce geneially Jecogn zed. CANCER INFORMATION 7,� discussion of taxicoiogy data refer to Section 11. pago 1 of 4 TM2248 SECTION 4 - FIRST AID MEASURES I EYES: Flush eyes with large amounts of water for 15 minutes Gel medical attention SKiW Wash affected area thoroughly with soap and water. Remove contaminated clothing and launder before re -use. INHALATION: If affected. remove from exposure. Restore breathing Keep warm and quiet. INGESTION: Do rol induce vomiting Get medical attention immediately SECTION 5 - FIREFIGHTING MEASURES FLASH POINT LEL UEL FLAMMABILITY CLASSIFICATION 1;;0 ' F PMCC 13.0 36.5 Combustible. Flash above 99 and below 200 `F EXTINGUISHfNG MEDIA ..arbon Dioxide Dry Chemical. Alcohol Foam UNUSUAL FIRE AND EXPLOSION HAZARDS Ciosed containers may explode (due to the build-up of pressure) when exposed to extreme heal. Application to hot surfaces requires special precautions. Oufwg emergency conditions overexposure to decomposition products may cause a health hazard. Symptoms may not be inunediale!y apparent Obtain medical attention. SPECIAL FIRE FIGHTING PROCEDURES F rt, proteclive equipment including self-contained breathing apparatus should be used. Water spray may be ineffective. If water is used, fog nozzles are preferable. Water may be used to cool closed containers to prevent pressure build-up and possible autoignition or explosion when exposed to extreme heat. SECTION 6 - ACCIDENTAL RELEASE MEASURES STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED Hemove all sources of ignition Ventilate the area. I?,intuve with inert absorbent. SECTION 7 - HANDLING AND STORAGE jI STORAGECATEGORY L1,1._ S'lurtrge Class ILIA FRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE Contents are COMBUSTIBLE. Keep away from heat and open flame. Consult NFPA Code. Use approved Bonding and Grounding procedures. F.,)rp container closed when not in use. Transfer only to approved containers with complete and approprlale labeling. Do not take inlern:idy. Keep out of the reach of children. SECTION 8 - EXPOSURE CONTROLS/PERSONAL PROTECTION PRECAUTIONS TO BE TAKEN IN USE Use only with adequate ventilation. Avoid contact with skrr and eyes Avoid breathing vapor and spray mist. Wash hands after using. This coating may contain materials crass}fled as nuisance particulates (listed "as Dust" in Sectren 2) which may be present at hazardous lev, is rn,;y during sanding or abrading of the dried film. If no specific dusts are listed in Section 2. the applicable limits for nuisance dusts are ACGIH TLV 10 mglm3 (total dust), 3 mglm3 (respirable fraction). OSHA PEL 15 mg/n13 (total dust). 5 mglm3 (respiraule fraction). VENTILATION Lucal exhauSI preferable General exhaust acceptable if the exposure to materials in Section 2 is maintained below applicable exposure lints. Refer to OSHA Standards 1910.94, 1910.107, 1910.108. RESPIRATORY PROTECTION if personal exposure cannot be controlled below applicable limits by ventilation, wear a property fitted organic vaponpart iculate respirator ipproved by MOSHWSHA for protection against materials in Section 2. A h,:n sonding or abrading the dried film, wear a dustimrst respirator approved by NIOSHIMSHA for dust which may be generated froin INS uroduct, i;ndeilying oairt, or the abrasive, f ROTECTIVE GLOVES j!uw s which aie recummer;ded by glove supplier for protection against materials in Section 2 EYE PROTECTION lo,;r ;,rfc ly speclacles with unperforated srdeshields r_ THEIR PRECAUTIONS r,lc•.tronal rn;suse by deliberately concentrating and inhaling the contents can be harmful or fatal page 2 of 4 TN12248 SECTION 9 - PHYSICAL AND CHEMICAL PROPERTIES PRODUCT WEIGHT 14.10 lb/gal 1689 g11 SPECIFIC GRAVITY 1.70 BOILING POINT 148 - 213 �F 64 - 100 "C MELTING POINT Not Available VOLATILE VOLUME 39% EVAPORATION RATE Slower than ether VAPOR DENSITY Heavier than air SOLUBILITY IN WATER N.A. pH 9.5 VOLATILE ORGANIC COMPOUNDS (VOC Theoretical - As Packaged) 0.73lblgal 87gil Less Water and Federally Exempt Solvents 0 491bigal 59g/l Emitted VOC SECTION 10 -STABILITY AND REACTIVITY 5 rABILITY -- Stable CONDITIONS TO AVOID "Nolte n�wvrn INCOMPATIBILITY None known. HAZARDOUS DECOMPOSITION PRODUCTS By fire Carbon Dioxide. Carbon Monoxide HAZARDOUS POLYMERIZATION :Poll not occur SECTION 11 -TOXICOLOGICAL INFORMATION CHRONIC HEALTH HAZARDS Rapons have associated repeated and prolonged overexposure to solvents with permanent brain and nervous system damage. !,'RC's Monograph No 93 reports there is sufficient evidence of carcinogenicity in experimental rats exposed to titanium dioxide but inaoequate evidence for carcinogenicity in humans and has assigned a Group 28 rating. In addition, the ]ARC summary Concludes "No Significant exposure to titanium dioxide is thought to occur during the use of products in which titanium is bound to other materials. Stich is paint " TJXICOLOGY DATA CAS No. Ingredient Name G7-56-1 Methanol LC50 RAT 4HR 04000 ppti LD50 RAT 5630 mg/kg -171-34-1 Calcium Carbonate 13463-67-7 Titanium Dioxide LC50 RAT 4HR Not Available LD50 RAT Not Available LC50 RAT 4HR Not Available LD50 RAT Not Available I SECTION 12 - ECOLOGICAL INFORMATION I ECOTOXICOLOGICAL INFORMATION No data available r SECTION 13 - DISPOSAL CONSIDERATIONS WASTE DISPOSAL METHOD caste from this product 6 not hazardous as defined under the Resource Conservation and Receveiy Act (RCRA) 41G CFR 261 u s. neiate in approvrd facility Do not incinerate closed container. Dispose of in accordance with Federal Statc:PlGvl,icial ai-d Local legulut.cns regardrie pallu6011. SECTION 14 TRANSPORT INFORMATION US Ground (DOT) IJul t~ogulaled for Transportation. t ma d i (TDG) N ll Rry I.tic% fur Transportation page 3 014 TN12248 Imo ",ui Regulated fat Transportation. F SECTION 15 - REGULATORY INFORMATION ZZARA 313 (40 CFR 372.65C) SUPPLIER NOTIFICATION (,AS No. ICHEMICALICOMPOUND % by WT % Elomont t.7-56-1 I Methanol 12 CALIFORNIA PROPOSITION 65 VaARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm TSCA CERTIFICATION All chemicals in this product are listed, or are exempt from listing. on the TSCA Inventory SECTION 16 - OTHER INFORMATION i'hls pfoducl has been classified in accordance with the hazard criteria of the Canadian Controlled Products Regulations (CPR) and the MEDS contains ad of the information required by the CPR. The above information pertains to this product as currently formulated, and is based on the information available at this beta. Addition of reducers or other , s a'l(Ltives to this product may substantially alter the composition and hazards of the product. Since conditions of use are outside our control, we make no t ,varranhes, express or implied, and assume no liability in connection with any use of this information. page 4 of 4 MATERIAL SAFETY DATA SHEET T'A2259 DATE OF PREPARATFON 2-4 00 May 3. 2009 t SECTION 1 — PRODUCT AND COMPANY IDENTIFICATION PRODUCT NUMBER TM2259 PRODUCT NAME HOTLINE® Traffic Paint (Fast Dry Waterborne), Yellow PJANUFACTURER'S NAME HE SHERWIN-WILLIAMS COMPANY 01 Prospect Avenue N.W. Cleveland, OH 44115 lele phone Nwnhers and Websites Regulatory Information (216) 566-2902 www.paintdocs.com Medical Emergency {216) 566-2917 Transportation Emergency' (800) 424-9300 'foi ChernicalEmergency ONLY (spill, leak, fire, exposure, or accident SECTION 2 — COMPOSITION/INFORMATION ON INGREDIENTS I by Weight CAS Number Ingredient Units Vapor Pressure 2 67-56.1 Methanol ACGIH TLV 200 PPM (Skin) 92 mini ACGIH TLV 250 PPM (Skin) STEL OSHA PEL 200 PPM (Skin) OSHA PEL 250 PPM (Skin) STEL 57 471-34-1 Calcium Carbonate ACGIH TLV 10 mglm3 as Dust OSHA PEL 15 mg1m3 Total Dust OSHA PEL 5 n- lm3 Respirable Fraction 1 13463-67-7 Titanium Dioxide ACGIH TLV 10 mglm3 as Dust OSHA PEL 10 mgim3 Total Dust OSHA PEL 5 mglm3 Respirable Fraction C SECTION 3 — HAZARDS IDENTIFICATION ROUTES OF EXPOSURE l I-10N of vapor or spray mist. EYE or SKIN contacl with the product, vapor or spray mist. EFFECTS OF OVEREXPOSURE EYES: Irritation SKIN: Prolonged or repeated exposure may cause irritation. INHALATION: Irritation of the upper respiratory system, play cause nervous system depression. Extreme overexposure may result in unconsciousness and possibly death. Prolonged overexposure to solvent ingredients in Section 2 may cause adverse effects to the liver and urinary systems SIGNS AND SYMPTOMS OF OVEREXPOSURE laadache dizziness, nausea, and loss of coordination are indications of excessive exposure to vapors or spray inists ?ilness and Itching or burning sensation may indicate eye or excessive skin exposure f-,IEDICAL CONDITIONS AGGRAVATED BY EXPOSURE _no g+,nerally recognized. CANCER INFORMATION .i conlpl-te discussion of toxicology data refer to Section 11 HMIS Codes Health 3' Flammab i!y 2 Reactivi ty 0 page 1 of 4 TM 2259 SECTION 4 — FIRST AID MEASURES EYES: Flush eyes with large amounts of water for 15 minutes. Get medical attention. SKIN: Wash affected area thoroughly with soap and water. Remove contaminated clothing and launder before re -use. INHALATION: If affected, remove frorn exposure Restore breathing. Keep warm and quiet INGESTION: Do not induce vanutrng, Get medical attention immediately. SECTION 5 - FIRE FIGHTING MEASURES FLASH POINT LEL UEL FLAMMABILITY CLASSIFICATION I SC F PMCC 6.0 365 Combustible Flash above 99 and below 200 F EXTINGUISHING MEDIA C•ubon Dloxide. Dry Chemical, Alcohol Foam UNUSUAL FIRE AND EXPLOSION HAZARDS Cicsed coorlainers may explode (due to the build-up of pressure) when exposed to extreme heat. {pplicalion to hot surfaces requires special precautions. During en.ergency conditions overexposure to decomposition products may cause a health hazard- Symptoms may not be immediately apparent, Obtain medical attention, SPECIAL FIRE FIGHTING PROCEDURES Frill protective equipment including self-contained breathing apparatus should be used. Viater spray may be ineffective. if water is used, fog nozzles are preferable. Water may be used to cool closed containers to prevent pressurj build-up and possible autoignition or explosion when exposed to extreme heat. L SECTION 6 -- ACCIDENTAL RELEASE MEASURES STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED ,Remove all sources of Ignition. Ventilate the area. • Remove wdh inert absorbent. SECTION 7 - HANDLING AND STORAGE `TORAGECATEGORY DOL Storage Class IIIA PRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE Contents are COMBUSTIBLE. Keep away from heat and open flame silt NFPA Code. Use approved Bonding and Grounding procedures. K-!ep container ciesed when not in use. Transfer only to approved containers with complete and appropriate labeling. Do not lake internally. Keep orlt of the reach of children, L SECTION 8 - EXPOSURE CONTROLS/PERSONAL PROTECTION 71 PRECAUTIONS TO BE TAKEN IN USE Use oniy with adequate ventilation. Avoid contact with skin and eyes. Avoid breathing vapor and spray mist. 41lash hands after using. Th is cealii:g may contain materials classified as nuisance particulates (listed "as Dust' in Section 2) which may be present at hazardous levels only during sanding or abrading of the dried film. If no specific dusts are listed in Section 2, the applicable limits for nuisance dusts are "tiCCIH TL V 10 mglm3 (total dust), 3 mglm3 (respirable fraction), OSHA Pl 15 ri (total dust), 5 mglm3 (resplracle fraction). VENTILATION cal exiIJUSt preferable. General exhaust acceptable if the exposure to materials In Section 2 is maintained below applicable exposure Limits. Refer to OSHA Standards 1910.94 1910.107, 1910,106 RESPIRATORY PROTECTION I ,��.Isonai exposure czinnot be controlled below applicabie limits by ventilation, wear a properly fitted organic vapoaparticulate respirator rppi .)) ed by MOSHWSHA for protection against materials In Section 2 n sundi -g or abrading the dried film wear a dusVlnist respirator approved by NIOSHil fur dust whocn may Le Igr�nerated iron th,s T OdLICf, underlying paint, or the abrasive. PROTECTIVE GLOVES ­ii gloves which are recommended by glove supplier for protection against materials in Section 2. EYE PROTECTION , ,_ul ,ifety Spectacles with unperforated sideshields OTHER PRECAUTIONS iruinonal misuse by deliberately concentrating and Inhaling the contents can be harmful or fatal page 2 of a. TM2259 SECTION 9 — PHYSICAL AND CHEMICAL PROPERTIES I PRODUCT WEIGHT 13 72 Iblgal 1644 g/l SPECIFIC GRAVITY 165 BOILING POINT 148 - 213 `F 64 - 100 `C MELTING POINT Not Available VOLATILE VOLUME 38% EVAPORATION RATE Slower than elher VAPOR DENSITY Heavier than air SOLUBILITY IN WATER N.A pH 9.5 VOLATILE ORGANIC COMPOUNDS (VOC Theoretical - As Packaged) 0-721brgal 86g11 Less Water and Federally Exempt Solvents 0.491blgal 59g11 Emitted VOC SECTION 10 —STAS1LITY AND REACTIVITY STABILITY — Stable CONDITIONS TO AVOID ✓\pine known. INCOMPATIBILITY None known. HAZARDOUS DECOMPOSITION PRODUCTS By fire. Carbon Dioxide, Carbon Monoxide HAZARDOUS POLYMERIZATION Vvill not occur SECTION 11 —TOXICOLOGICAL INFORMATION CHRONIC HEALTH HAZARDS Fvports have associated repeated and prolonged overexposure to solvents with permanent brain and nervous system damage I•RC's Monograph No. 93 reports there is sufficient evidence of carcinogenicity in experimental rats exposed to litanium dioxide but nad,:quste evidence for carcinogenicity in humans and has assigned a Group 28 rating. In addition, the IARC summary concludes. "No signilicanl exposure to Ill dioxide is thought to occur during the use of products in which titanium is bound to other materials. such as TOXICOLOGY DATA CAS No. Ingredient Name 67-56-1 Methanol LC50 RAT 4HR 64000ppm LD50 RAT 5630 rnglkg 471-34-1 Calcium Carbonate t 3463-67-7 Titanium Dioxide LC50 RAT 41HR Not Available LD50 RAT Not Available LC50 RAT 4HR Not Available LD50 RAT Not Available C SECTION 12 — ECOLOGICAL INFORMATION ECOTOXICOLOGICAL INFORMATION No Bala available SECTION 13 — DISPOSAL CONSIDERATIONS WASTE DISPOSAL METHOD Vb'asle From this product is not hazardous as defined under the Resource Conservation and Recovery Act i RCRA) 40 CFR 261. i cinerale ,n approved facility. Do not incinerate closed container. Dispose of in accordance with Federal. State: Provincial, and Local t,ru13ti0ris regardirg pollution I SECTION 14 — TRANSPORT INFORMATION LS Ground (DOT) Reyuhded ta, Transportation i an.�da (TDG) i ; ji Reguialud foi IYansportabon page 3 of 4 TM2259 I NIO Not Regulated for Transportation j SECTION 15 - REGULATORY INFORMATION SARA 313 (40 CFR 372,65C) SUPPLIER NOTIFICATION CAS No. ICHEMICALICOMPOUND % by WT % Element 11 -55-1 1 Methanol 12 CALIFORNIA PROPOSITION 65 %-.!ARNING This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm, TSCA CERTIFICATION u chemicals in this Product are hsted. or are exempt from listing, on the TSCA Inventory - f SECTION 16 - OTHER INFORMATION lras prcducl has peen classified in accordance with the hazard criteria of the Canadian Controlled Products Regulations iCPR) and the ',ISDS wonlams all of the information required by the CPR I The above information pertains to this product as currently formulated, and Is based an the information available at this time. Addition of reducers or other i additives to this product may substantially alter the composition and hazards of the product. Since conditions of use are outside our control, we make no warranties, express or implied, and assume no liability in connection with any use of this information. page 4 of 4 MATERIAL SAFETY DATA SHEET TM2221 1t00 SECTION 1 —PRODUCT AND COMPANY IDENTIFICATION F RODUCT NUMBER FM2221 FRODUCT NAME HOTLINE@ Traffic Paint (Fast Dry Waterborne). Black h1ANUFACTURER'S NAME THE SHERVVJN-1NILLIAMS COMPANY 101 Prospect Avenue N.W. Cleveland, OH 44115 T�ae ahaie Numbers and Websites Regulatory Information (216) 566-2902 www. aintdccs,com Medical Emergency (216) 566-2917 Transportation Emergency' (800) 424.9300 Yor Chernrcal Emergency ONLY (spill, teak, fire, exposure, or accident) SECTION 2 -- COMPOSITION/INFORMATION ON INGREDIENTS DATE OF PREPARATION by Weight CAS Number Ingredient Units Vapor Pressure 2 67-56-1 Methanol ACGIH TLV 2C0 PPM (Skin) 92 nun ACGIH TLV 250 PPM (Skin) STEL OSHA PEL 200 PPM (Skin) OSHA PEL 25C PPM (Skin) STEL 0.6 14808-60-7 Quartz ACGIH TLV 0 025 mglrn3 as Resp Dust OSHA PEL 0.1 mglm3 as Resp. Dust 48 471-34-1 Calcium Carbonate ACGIH TLV 10 rnglm3 as Dust OSHA PEL 15 rnglm3 Total Dust _ OSHA PEL 5 rnglm3 Respirable Fraction 11 546-93-0 Magnesium Carbonate ACGIH TLV 10 mglm3 as Dust OSHA PEL 15 mglm3 Total Dust OSHA PEL 5 mg/m3 Respirable Fraction 1 1333-86-4 Carbon Black ACGIH TLV 3.5 MG/M3 OSHA PEL 35 MG/W r SECTION 3 — HAZARDS IDENTIFICATION J ROUTES OF EXPOSURE HAIIS Codc_s 1NHALA.TION of vapor or spray mist. Health 3- EYE or SKIN contact with the product, vapor or spray mist. Flammability 2 EFFECTS OF OVEREXPOSURE Reactivity 0 EYES; Inatation. SKIN: Prolowled or repeated exposure may cause irritation. INHALATION: Irritation of the upper respiratory system. P.;ay cause nervous system depression Extreme overexposure may result in unconsciousness and possibly death F'.oicrged overexposure to solvent ingredients in Section 2 may cause :adverse ullecis to the Irver and urinary systems SIGNS AND SYMPTOMS OF OVEREXPOSURE +1e.rdacne dizziness. nausea, and loss of coordination are indications of excessive exposure to vapors or spray mists i, nlairss and Itching Or burning sensation may indicate eye or excessive skin exposure. L.EDICAL CONDITIONS AGGRAVATED BY EXPOSURE U jU11101 tally I'e CCUI,Ized page 1 of 4 TN'2221 CANCER INFORMATION For complete discussion of toxicology data refer to Section 11. SECTION 4 - FIRST AID MEASURES EYES: Flush eyes with large amounts of water for 15 mniutes. Get medical attend on. SKIN: Wash affected area thoroughly with soap and water. Remove contaminated clothing and launder before re -use INHALATION: If affected, remove from exposure. Restore breathing. Keep warm and quiet. INGESTION: Do not induce vomiting. Gel medical attention immediately. SECTION 5 - FIRE FIGHTING MEASURES rLASH POINT LEL UEL FLAMMABILITY CLASSIFICATION I rj'C -F PPACC 6.0 3e.5 Combustible, Flash above 99 and below 200 'F EXTINGUISHING MEDIA iibor Dioxide, Dry chemical, Alcohoi Foam L NUSUAL FIRE AND EXPLOSION HAZARDS C osed containers may explode (due to the build-up of pressure) when exposed to extreme heal Application to hot Surfaces requires special precautions - -I!ng em-rgency conditions overexposure to decomposition products may cause a health hazard, Symptoms may not be immedialely apparent Obtain medical attention. SPECIAL FIRE FIGHTING PROCEDURES i ul. protective equipment including self-contained breathing apparatus should be used. "later spray may be ineffective. If water is used, fog nozzles are preferable. Water may be used to cool closed containers to prevent pressure bwld-up and possible auloignilion or explosion when exposed to extreme heat. L SECTION 6 - ACCIDENTAL RELEASE MEASURES 5 TEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED * Remove all sources of ignition. Ventilate the area • Numove with inerC absorbent. C SECTION 7 - HANDLING AND STORAGE I b' 1-ORAGE CATEGORY DOL Storage Class IIIA PRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE Contents are COMBUSTIBLE. Keep away from heat and open flame. Consult NFPA Code Use approved Bonding and Grounding procedures Keep container closed when not in use. Transfer only to approved containers with complete and appropriate labeling Do not take Internally. Keep out of the reach of children. L SECTION 8 -- EXPOSURE CONTROLSIPERSONAL PROTECTION PRECAUTIONS TO BE TAKEN IN USE Use only with adequate ventilation - ,void cun;act with skrn and eyes. Avoid breathing vapor and spray mist. V,asli hands after usury ilus coaling may contain materials classified as nuisance particulates (listed "as Dust" in Section 2) which may be preseril at hazwdous levy i Illy during sanding or abrading of the dried film. If no specific dusts are listed in Section 2, the applicable limits for nuisance dusts are ACGIH TLV 10 mg1m3 (total dust). 3 mglm3 (respirable fraction), OSHA 1 15 mg/m3 (total dust), 5 mg1m3 (respirable fraction). VENTILATION Lccal .�xhausl preferable. General exhaust acceptable if the exposure to materials in Section 2 is maintained below applicable exposure lun1tS. Ruler to OSHA Staridards 1910 94, 1910 107, 1910.10& F ESPIRATORY PROTECTION r personal exposure cannot be controlled below applicable limits by ventilation, wear a properly fitted organic vopor;porticulate respirat„r auprcved by NIOSHiMSHA for protection against materials in Section 2. :',11un SunduIg or abrading the dried film, wear a dustlmist respirator approved by NIOSH;MSHA for Joist frh,cri may be ;jenei,,ted fri;m ill product, underlying paint or Me abrasive PROTECTIVE GLOVES eir gloves ,vhlcih are reccinmended by glove supplier for protection against materials in Section 2, EYE PROTECTION 'r`.dl1r salLty spectac,es with unperforated sideshrelds C,THER PRECAUTIONS I, lentiona, misuse by deliberately concentrating and inhaling the contents can be harmful or falal page 2 of 4 TI%12221 SECTION 9 - PHYSICAL AND CHEMICAL PROPERTIES PRODUCT WEIGHT 13-78 lbtgai 1051 g/l SPECIFIC GRAVITY 1.66 BOILING POINT 148 - 213 `F 64 - 100 `C MELTING POINT Not Available VOLATILE VOLUME 38% EVAPORATION RATE Slower than ether VAPOR DENSITY Heavier than air SOLUBILITY IN WATER N.A. pH 9.8 VOLATILE ORGANIC COMPOUNDS (VOC Theoretical - As Packaged) 0.721blgal 86911 Less Water and Federally Exempt Solvents 0.401b/gai 59g/1 Emitted VOC SECTION 10 -STABILITY AND REACTIVITY I STABILITY — Stable CONDITIONS TO AVOID ".are knovrn. INCOMPATIBILITY Nune known. HAZARDOUS DECOMPOSITION PRODUCTS By fire Carbon Dioxide, Carbon Monoxide I AZARDOUS POLYMERIZATION ', Jill not occur SECTION 11 -TOXICOLOGICAL INFORMATION CHRONIC HEALTH HAZARDS Ropoits have associated repeated and prolonged overexposure to solvents with permanent brain and nervous system damage. ystalhne Silica (Quartz, Cnstobalite) is listed by IARC and NTP Long term exposure to high levels of silica dust. which can occur only when ;anrling ur abrading the dry film. may cause lung damage (silicosis) and possibly cancer. C;,unon Black is classified by IARC as possibly carcinogenic to humans (group 2B) based on experimental animal data, however, there is msuffiuenl evidence in humans for its carcinogenicity. TJXICOLOGY DATA C'AS No. Ingredient Name u7-56-1 Methanol LC50 RAT 4HR 54000 ppin LD50 RAT 5630 rnglkg _ 14808-60-7 Quartz LC50 RAT 4HR Not Available LD50 RAT Not Available 71-34-1 Calcium Carbonate LC50 RAT 4HR Not Available LC50 RAT Not Available 146-93.0 Magnesium Carbonate LC50 RAT 4HR Not Available LD50 RAT Not Available 1333.86-4 Carbon Black L050 RAT 4HR Not Available LD50 RAT Not Available SECTION 12 - ECOLOGICAL INFORMATION ECOTOXICOLOGfCAL INFORMATION '"'� Bala available SECTION 13 - DISPOSAL CONSIDERATIONS 4:ASTE DISPOSAL METHOD ":asle from this product is not hazardous as defined under the Resource Conservalion and Recovery Act (RCRA) 40 CFR 261. ;Iinerale in approved facility Do not incinerate dosed container. Dispose of in accordance with Federal, State-iProvcncial• and Loca, 'equlatrcns regarding pollution page 3 of 4 TM,,2221 L SECTION 14 — TRANSPORT INFORMATION J US Ground (DOT) Not Regulated for Transportation Canada (TDG) `iol Fe3alated foi Transportation. IMO Na Regulated for Transportation SECTION 15 — REGULATORY INFORMATION SARA 313 (40 CFR 372-65C) SUPPLIER NOTIFICATION .AS No. CHEMICALICOMPOUND % by WT 1/u Element 7-56- I IMethanol 12 CALIFORNIA PROPOSITION 65 V,jARNING This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm TSCA CERTIFICATION f,ll chemicals in this product are listed, or are exempt from listing, on the TSCA Inventory. SECTION 16 — OTHER INFORMATION J This product has teen classified in accordance with the hazard criteria of the Canadian Controlled Products Regulations iCPR) and the MSDS contains au of the information required by the CPR. f The above information pertains to this product as currently formulated, and Is based on the information available at this time. Addition of reducers or�othur additives to this product may substantially alter the composition and hazards of the product. Since conditions of use are outside our control, we make na warrdnties, express or implied, and assume no liability in connection with any use of this information. page 4 of 4 MATERIAL SAFETY DATA SHEET T'v12222 0'3 00 C SECTION 1 — PRODUCT AND COMPANY IDENTIFICATION PRODUCTNUMBER TM2222 PRODUCT NAME HOTLINE@ Traffic Paint (Fast Dry Waterborne), Red MANUFACTURER'S NAME THE SHERWIN-WILLIAMS COMPANY 101 Prospect Avenue N.W. Cleveland, OH 44115 1uleohone Numbers and Websites Regulatory Information (216) 566-2902 www.paintdocs.com Medical Emergency (216) 566-2917 Transportation Emergency' (800) 424-9300 -for Chemical Emergency ONLY (spill, leak, fire, exposure, or accident SECTION 2 — COMPOSITIONIINFORMATION ON INGREDIENTS DATE OF PREPARATION Mar 12 20ij9 % by Weight CAS Number Ingredient Units Vapor Pressuro 2 67-56-1 Methanol ACGIH TLV 200 PPM (Skin) 92 min ACGIH TLV 250 PPM (Skin) STEL OSHA PEL 200 PPM (Skin) OSHA PEL 250 PPM (Skin) STEL 61 471.34-1 Calcium Carbonate ACGIH TLV '10 mglm3 as Dust OSHA PEL 15 mg1m3 Total Dust OSHA PEL 5 mglm3 Respirable Fraction SECTION 3 — HAZARDS IDENTIFICATION ROUTES OF EXPOSURE HMIS Codes INHALATION of vapor or spray mist. Health 3 EYE or SKIN contact vrith the product, vapor or spray mist- Flammability 2 EFFECTS OF OVEREXPOSURE Reactivity 0 EYES: Irritation SKIN: Prolonged or repeated exposure may cause irritation_ INHALATION: Irrilaticn of the upper respiratory system. May cause nervous system depression. Extreme overexposure may result in unconsciousness and possibly death Prolonged overexposure to solvent ingredients in Section 2 may cause adverse effects to the liver and urinary systems. SIGNS AND SYMPTOMS OF OVEREXPOSURE Headache dizziness. nausea, and loss of coordination are indications of excessive exposure to vapors or spray mists. f.,,;dness and itching or burning sensation may indicate eye or excessive skin exposure. MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE May cause allergic skin reaction in susceptible persons or skin sensitization. CANCER INFORMATION ;r C0111 l._le di5CLS54011 of toxicology data refer 10 Section 11 _ I SECTION 4 — FIRST AID MEASURES EYES: Flush eyes with large amounts of water for 15 minutes Get medical attention. SKIN: 'Wash affected area thoroughly with soap and water Remove contaminated clothing and launder before ie-use INHALATION: t affected, remove from exposure. Restore breathing. Keep warm and quiet INGESTION: Do not induce vomiting Get medical attention immediately page 1 01`4 TV 2222 SECTION 5 - FIRE FIGHTING MEASURES F,,ASH POINT LEL UEL FLAMMABILITY CLASSIFICATION 15C F PMCC 6.0 36.5 Combustible, Flash above 99 and below 200 `F EXTINGUISHING MEDIA Carbon Dioxide, Dry Chemical, Alcohol Foam UNUSUAL FIRE AND EXPLOSION HAZARDS Closed containers may explode (due to the build-up of pressure) when exposed to extreme heat Application to hot surfaces requires special precautions O.rrng emergency conditions overexposure to decomposition products may cause a health hazard. Symptoms may not be immediately apparent Obtain medical attention. SPECIAL FIRE FIGHTING PROCEDURES F,ih l;rolerlrve el�uipinent including self-contained breathing apparalus should be used dr.3rer spray may be ineffective. If water is used, fog nozzles are preferable. Water may be used to coot closed containers to prevent pressure build-up .rnd possible autorgnrlion or explosion when exposed to extreme heat. SECTION 6 - ACCIDENTAL RELEASE MEASURES I STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED • Remove all sources of ignition. Ventilate the area. • Remove with inert absorbent. SECTION 7 - HANDLING AND STORAGE STORAGE CATEGORY C•'71_ Storage Class h1A PRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE Contonts are COMBUSTIBLE. Keep away from heat and open flame. Consult NFPA Code. Use approved Bonding and Grounding procedures. K,aep conlamer closed when not in use. Transfer only to approved containers with complete and appropriate labeling. Do not take internally. Keep Out of the reach of children. I SECTION 8- EXPOSURE CONTROLSIPERSONAL PROTECTION PRECAUTIONS TO BE TAKEN IN USE Use only with adequate ventilation. „�L,id contaci with skin and eyes. Avoid breathing vapor and spray mist Wash hands after using hi:; coating may contain materials classified as nuisance particulates (listed "as Dust' in Section 2) which may be present at hazardous !Uvk4s )Illy Iiunng sanding or abrading of the dried film. If no specific dusts are listed in Section 2, the applicable limits for nuisance dusts are AC,GIH TLV 10 ingim3 (total dust), 3 mglm3 (respirable fraction), OSHA PEL 15 mg/rn3 (total dust). 5 mghn3 (respirable fraction) bENTILATION Local exh11ia5t preferable. General exhaust acceptable if the exposure to materials in Section 2 is maintained below applicable exposure limits. Refer to OSHA Standards 1910.94, 1910.107, 1910.108, RESPIRATORY PROTECTION If personal exposure cannot be controlled below applicable limits by ventilation, wear a properly fitted organic vapor/particulate respirator approved by NIOSH/MSHA for protection against materials in Section 2. When sanding or abrading the dried film, wear a dusUmist respirator approved by MOSHWSHA for dust which may be generated from tills product. underlying paint, or the abrasive - PROTECTIVE GLOVES Wear gloves which are recommended by glove supplier for protection against materials in Section 2. EYE PROTECTION Weir safety spectacles with unperforated sldeshields OTHER PRECAUTIONS !ntentioual misuse by aellberately concentrating and inhaling the contents can be harmful or fatal. SECTION 9 - PHYSICAL AND CHEMICAL PROPERTIES PRODUCT WEIGHT 13.90 lb/gal 1665 gil SPECIFIC GRAVITY 1.67 BOILING POINT 146 - 213 °F 64 - 100 'C MELTING POINT Not Available VOLATILE VOLUME 37% EVAPORATION RATE Slower than ether VAPOR DENSITY Heavier than air SOLUBILITY IN WATER N.A pH 9 5 page 2 of .t TM 2222 VOLATILE ORGANIC COMPOUNDS (VOC Theoretical - As Packaged) 0.72lb/gal 87g/l Less Water and Federally Exempt Solvents 0 501brgal 60g/i Emitted VOC SECTION 10 - STABILITY AND REACTIVITY STABILITY — Stable CONDITIONS TO AVOID hone knOLVII INCOMPATIBILITY Pone known. IAZARDOUS DECOMPOSITION PRODUCTS By fire: Carbon Dioxide. Carbon Monoxide HAZARDOUS POLYMERIZATION Vv'dl nor occur SECTION 11 -TOXICOLOGICAL INFORMATION CHRONIC HEALTH HAZARDS :.o mgrk drenl in this product is an IARC NTP or OSHA listed carcinogen I" -pees helve ssocrr.led rcpeated and prolonged overexposure to solvents with permanent brain and nervous system damage TOXICOLOGY DATA _CAS No. Ingredient Name C7-56-1 Methanol LC50 RAT 4HR 64000 pprn LD50 RAT_ 5630 mg/kg 471-34-1 Calcium Carbonate LC50 RAT 4HR Not Available LD50 RAT Not Available SECTION 12 - ECOLOGICAL INFORMATION 1:30TOXICOLOGICAL INFORMATION "',U ,ala TJC113 t)I t'. I SECTION 13 - DISPOSAL CONSIDERATIONS WASTE DISPOSAL METHOD Vdasle from this product is not hazardous as defined under the Resource Conservation and Recovery Act (RCRA) 40 CFR 261 incinerate in approved facility. Do not incinerate closed container. Dispose of in accordance with Federal. StaterProvincial, and Local regulations regarding pollution. SECTION 14 - TRANSPORT INFORMATION 1, 5 Ground (DOT) `h)l Regula!ed for Transportation Canada (TAG) h: t Regulated for Transportation 11.10 A Rugul:f!ed for Tral sportatron. L SECTION IS- REGULATORY INFORMATION SARA 313 (40 CFR 372.65C) SUPPLIER NOTIFICATION CAS No. _ CHEMICALICOMPOUND % by WT % Element _ � 7-;,u 1 Methanoi — 2 CALIFORNIA PROPOSITION 65 .% RNINti ; Th6 product conlams chemicals known to the ,State of California to cause cancer and birth defects or other ruprod.,clvrc 1 arn, TSCA CERTIFICATION 1 -1 i.-mi :,rs in this product are listed. or are exempt from listing, on the TSCA Inventory. page 3 of 4 Th`.2222 SECTION 16 - OTHER INFORMATION I s product teas been classified in accordance with the hazard criteria of the Canadian Controllec Products RegULitions CPR) and Ilse .MSD5 co,ltans all of the infoinialion required by the CPR the above inlormation pertains to this product as currently formulated, and is based on the information available at this time. Addition of reducers or other r r addilives to this product may substantially alter the composition and hazards of the product. Since conditions of use are outside our control, we make no 1 warranties. empress or implied. and assume no liability in connection with any use of this information. page 4 of 4 Page 2 !-(,.I1P)?. %I,I)IicahiIitN to ('erl lift 1 enilorti itml ()Iher Pers,)t» (a) This chapter applies to a person who: I I) contracts or seeks to contract for the sale or purchase of property, goods. or services with a Local "overnmental entity: Or (2) is an 1(,Cllt of a person described by Subdivision (1) in the person's bIISIIICS5 with 0 local L,overnmental entity- (h) A person is not subject to the disclosure requirements of this chapter if the person is: (!) a state. ;l political Subdivision of a state, the federal government, or a fbreiun ()ovcrnrllerlt: (2) an employee of an entity described by Subdivision (1), lctim�-) in the employee's ofticial capacity. Effective: June 18, 2005 1 1)J'03 Con fIicts t)IscInsar%, SMIenicnt RC(IIli rr (a) A local ,Overnnlent officer shall file a conflicts diSCIOSLII-e statemellt With reypcct to a person de -scribed by •��t „i) I i��.iu1.'{ ,i il': ( I ) the person has contracted with the local uovernmental entity or the local 4�uvcrnnlental entity is considering doing; business with the person; and ( 2) the person: (A) has an employment or other business relationship with the local oovernment officer or a gamily member of the otlicer that results in the officer or family member receiving taxable incnnle: OF (B) to the local -overnment officer or a family member of' the orficer one or nacre oil[s. other than gills of food, lodging;. trail sportation, or entertainment accepted as a �OueSt. that have an aggrepatc value of more than $250 in the 12-month period preceding the date the ofl icer becomes aware that: I i ) a contract described b1 Subdivision ( I ) has heen executed; or 60 the local -overnillental entity is considering doing b[ISIIaeSS with the persOm. Ifl) A lOCLII �"overnment oflicer shall file the conflicts dISCIustrrc statement �Nitll the I-CCOrd5 0 2005 Thomson/West. No Claim to Orin. U.S. Gout. Work". l'age J a dill ill istrator ol'tile local "overnnlental entity not later than 5 p.nl. on the SCVCIIIh business da} ,ii'ter the date on which the officer becomes share of the facts that require the filing of the tit;ltelllellt Lllldel' Subsection (a). tC } ;ll local "ori'el'nmelll officer C011lllllts an offense ll'the officer IUlo1V'I11oIj VIOlales this see11011. An oi-fCnse Under this subsection is a Class C nlisdenleanor, I(l) It is a defellSe to prosecution under Subsection (c) that the person tiled the required contlicts disclosure statement not later than the seventh business day after the date the person received notice llf the arolation. Effective: June 18, 2005 '11111VII0, 14 Di>C111Nr1'C Nt.11e111Cr1 The Commission shall adopt the conflicts disclosure statement for local government officers. Ile conflicts dISCIvSLII-e statement must include: ( I ) a requirenlellt that each local government officer disclose: (A) in employment or other business relationship described by including the Mature and extent ol'the relationship: and (13) received by the local government officer and any family member of tllc otllce' from a person described by ticciioil I ?��.11i1� ;11 during the 12-month period described by i, iI i err �_.,_)C), R-) iftlle aggregate value of the gifts frorll that person exceed $250, (2) an acknowledgment from tile local government officer that: (A) the disclosure applies to each family member of the officer; and (R) the sllltement covers the 12-month period described by 1: and (3) the si�onature of the local government officer acknowledging that the statement is made under oath under penalty of perjury. Effective: Jane 18, 2005 a+tf. A -11LIic:itioll to Curlaill I.111111ok-ev'N ,.11 I11C local uo%ernlllelltal entltl may extend [Ile rCLlUil-ClllCI1tS lit 1' . i'1 I 111d 1, , ail Ot- ;I �UIroup ol, the employees of the local goN ernmental entity. J b l A I;)cai tiIove-nlrtcntal entity may reprimand. suspend. or terminate the enlplo> merit ()f 111 c ?QUa Thomson/West. No Claim to Orig. I1.S. Govt. Works. Page 4 employee \\ ho lads to comply %� ith a requirement adopted under this section. 10 An employee of a local governmental entity commits an offense if the employ ee kno\N'tngly violates requirements imposed under this section. An offense under this subsection is a Class C IIIisLleI1ICMIor. (J) It is a dellense to prosecution under Subsection (c) that the person tiled Tile required conllicts disclosure SLIMIlent not later than the sevclttfl hLISiness day alter the date the person received Il.uicc of the 001l 1tiun. Effective: June 18, 2005 1-(.(Bail, Ilisdo,ui-e Rvoililume►►Is fo \ C11(lors and Either hl'1'\�>iI'i_ t•JlIC,Itc)Ianair� ta) A person described by e ei i �n t 7(,.I)Ii?(a1 shall file a completed conflict of` inter(:sL questionnaire with the appropriate records administrator not later than the seventh business da)' after the date that the pel'SOII: (I } begins contract discussions or negotiations with the local governmental cntity: or (2) subrlliLs to the local governmental entity an application, response to a request for proposals or bids. correspondence, or another writing related to a potential agreement with the local "Overrinlental entity. (h) The commission shall adopt a conflict of interest questionnaire for use under this section tll It rc•gt►fires disclosure of a person's affiliations or bLISIneSS relationships that might cause a conflict )f iI1tel•est with a local governmental entity. << 1 TIIC qucs.tionnaire adopted under Subsection (b) must require. fur the local govei'IlFnental entity 11Ith I'espect to N�hiCh tile gUC.Stionnalre Is tiled, Lllllt the person filing till' questionnaire: ( I) describe each aflI L16on or business relationship the person has with each local go%C1'i111lCllt uOIccr of'Lhe local governmental entity; (2) identity each affiliation or business relationship described by Subdivision (1) with aspect to which the local government orticer receives. or is likely to receive, taxable i11C0111C front the perscnl tiling the gLICStlOIlllaire: (3 identify each affiliation or business relationship described by Subdivision ( I) 11'llll reSpeCt to \c hich the person tiling the questionnaire receives, or is likely to receive, taxahlc income III;[[: (A) is received from, or at the direction of, a local government officer of the local 1101VL1'11111CII1,11 entity, and �- 2005 I liomson!11'cst. No (1mil to Ong. U.S. Gout. \ orks. Katie 5 cB) is not received fl-onl the local oovernmental entity; (4) describe each affiliation or bllSlntSS relationship With a corporation or other bLISMLSS eittit\ with respect to N4hich a local government officer of the local governmental entity (A) serves as an officer or director. or (B) holds an ownership interest of-10 percent or more: (5) describe each affiliation or business relationship with an employee or contractor of the local 1�11o%crrlmental entity who makes recommendations to a local government officer of the local Llovernmental entity with respect to the expenditure of money; (6) describe each affiliation or bLISlness relationship with a person who: (A) is a local `overnment officer, and (11) appoints ar employs LI local government officer of - the local -om-nmental entity that is the subject of -the gUestionnaire; and (7) describe any other affiliation or business relationship that might cause a conflict of interest. (d) 1 person described by Subsection (a) shall file an updated completed questionnaire with the appropriate records administrator not later than: ( I) September I of each year in which an activity described by Subsection (a) is pending. and 12) the se> enth business day after the date of- an event that would make a statement in the questionnaire iilcoltlplete or inaccurate. (c) A person is not required to file an updated completed questionnaire under Subsection (d)( I) in a year if the person has filed a questionnaire under Subsection (c) or (d)(2) on or after June 1, but hclore September 1, of that year. 11) 1% person commits all offense it' the person violates this section. An olTense under this �uh,cctiort is I Glass C misdemeanor. >J It is a JeleIise to prosecution LlndCI- SLIbSectlon (f) that 01C persun lilcd the rcyuired tlue,tionnaire nol later than the seventh business day after the date the person receives[ notice of Ills � iolatioll. Effective: June 18, 2005 I-lo.l,il' l.i,,t of ("10% rnlltew OtTicers 20U-5 Thomson/West. No Claim to C)ri�.;. U.S. Govt. Works. Page G Ilse records adIII inistratur for a local oovernmental entity shall maintain a list of local ,twernment otfticers of the entity and shall slake that list mailable to the public and any person ,\hu ilea\ be required to lice a Lluestionnaire tinder 1i-11-1 I,?1 001.. Effective: Juice 18, 2005 I -,,.lice.S. V Iceirulrir I. iliaw" I he requirements of this chapter, including sigrlatur'e requirements, rlla) be satisfied b\ electroulic lilin`� in a form approved by the commission. Effective: June 18, 2005 ti i'(,.Illt�). I'a„[irr��+m lnlcrnct (a) A local governmental entity shall provide access to the statements and questionnaires tiled under this chapter oil the Internet website maintained by the local governmental entity. Ih► This subsection applies only to a county with a population ol' 800,000 or more Or u ntuniCillality with a population of 500,000 or more. A County or municipality shall pruyide, oil tlrc Internet website maintained by the COlinty or I11LI1liCipality, access to each report of political c,snu-ibutions and expenditures tiled under Chapter 2-54, Election Cade, by a member ol' the comillissiOnerS COUrt Uf the county or the governing body of the municipality in relation to that ,;i'licc as soon as practicable otter the officer files the report. Effective: June 18, 2005 I "n.11tlt. f cguireniciltx ('uniula[ke I'he requirements ofthis chapter are in addition to any ether disclosure required b)' lens. Currcrlt throu4�h the end ofthe 2005 2nd Called Session ot'the 79th Legislature [AD OF DOCUMENT V 2005 Thomson/West. No Claim to Ori(,. U.S. Covt. Works.