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JetMulch - 2015 AgreementAGREEMENT FOR SERVICES (For contracts over $5,000 — NON - DESIGN, NON - ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this 10 day of June, 2015, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: JetMulch, Inc., having a principal place of business at P.O. Box 1667, Capitola, CA 95010. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on 6/10/2015 and will continue in effect through 9/30/2016 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. . 'tial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR ... A. Specific Services CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONTRACTOR shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR'S services. 4835- 2267 -0361v1 _ 1 LAC104706083 C. Employment of Assistants CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ( "Payment Schedule"). In no event however shall the total compensation paid to CONTRACTOR exceed unit cost of $40.85 per cubic vd of installed engineer wood fiber based on the 6/5/2015 park playground quote. B. Invoices CONTRACTOR shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D". No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONTRACTOR shall be responsible for all costs and .expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed, against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be 4835 - 2267 -0361v1 _2_ LAC104706083 responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONTRACTOR A. Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONTRACTOR'S employees. C. Indemnification of Liability, Duty to Defend As to,all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease,. or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY'S obligations under this Agreement; CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. 4835 - 2267- 0361v1 _3_ LAC104766083 E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted -by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONTRACTOR is not CITY'S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; • CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf; • CITY will not withhold state or federal income tax from payment to CONTRACTOR; • CITY will not make disability insurance contributions on behalf of CONTRACTOR; • CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times. following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of CONTRACTOR's Business/ Death of CONTRACTOR.. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. 4835 - 2267 -0361v1 _4_ LAC104706083 If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. B. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONTRACTOR'S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY. D. Transition after Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONTRACTOR's duties by any new CONTRACTOR hired by the CITY to complete such services. 4835 - 2267 -0361v1 _5_ LAC104706083 ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in awriting signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONTRACTOR shall comply . fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing parry will be entitled to reasonable attorneys' ,fees, which may be set by the court. in the same action or in a separate action brought for that purpose, in addition to any other relief to which that parry may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. 4835 - 2267 -0361 v1 _6_ LAC104706083 F. Conflict of Interest CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipts mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. 4835- 2267 -0361 v1 _�_ LAD04706083 L. Waiver CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: JetMulch, Inc. By: Nam Philip Reiker Title: President Social Security or Taxpayer Identification Number 68- 0394810 Approved as to Form k-y"�— 1- H City Attorney 4835 - 2267 -0361 v1 LAC104706083 CITY: CITY OF GILROY By: a= Name:'S fiu Y Ir1p1J Tit City Administrator � CNh ATTEST: a ° E?ty-C -perk EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONTRACTOR shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Philip Reiker, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Bill Headley shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A". B. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall .make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. 4835- 2267 -03610 LAC104706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR'S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents finished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well - organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835- 2267- 0361v1 _2_ LAC104706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. H. NOTICES. Notices are to be sent as follows: CITY: Rick Smelser, Director of Public Works 4835 - 2267 -0361 v1 _3_ LAC104706083 City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Philip Reiker, President JetMulch, Inc. P.O. 1667 Capitola, CA 95010 I. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ❑ If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONTRACTOR warrants that he /she has not employed or retained. any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4835 - 2267 -0361v1 _4 _ LAC104706083 See Attached Bid 4835 - 2267 -0361v1 LAC104706083 EXHIBIT "B" SCOPE OF SERVICES Quote as Exhibits B, C, and D. EXHIBIT "C" MILESTONE SCHEDULE See Attached Bid Quote as Exhibits B, C, and D. 4835 - 2267 -0361v1 LAM04706083 EXHIBIT "D" PAYMENT SCHEDULE See Attached Bid Quote as Exhibits B, C, and D. 4835 - 2267 -0361v1 LAC104706083 City of Gilroy PUBLIC WORKS DEPARTMENT 7351 Rosanna Street, Gilroy, CA 95020 Engineering Division (408) 846 -0450; fax (408) 846 -0429 Parks and Landscape Division (408) 846 -0283, fax (408) 846 -0306 Streets, Sewer, Forestry Division (408) 846 -0281; fax (408) 846 -0306 Water Division (408) 846 -0271; fax (408) 846 -0288 DATE: Friday June 5, 2015 TO: Vendors of Playground Engineered Wood Fiber Safety Product FROM: Bill Headley City of Gilroy Park Supervisor SUBJECT: Seeking Quote for Installation of Park Playground Engineered Wood Fiber for Various City Parks by Tuesday June 9, 2015 The City of Gilroy is seeking quotes by Tuesday June 9, 2015 for installation of park playground wood safety fiber at various City parks at the earliest date possible. Installation and invoicing must be completed by Friday, June 261'. The vendor must meet all listed proposal requirements. The City may award all, part, or none of the playground wood fiber installation work. PARK SITE Miller Park 7851 Carmel Drive Sunrise Park 9525 Saddler Drive Forest Street Park 7325 Forest Street Large area 40.85 Small area 60 Las Animas Veterans Park 400 Mantelli Drive Los Arroyos Park 801 Moro Drive Large area 40.85 Small area $ San Ysidro Park 7700 Murray Ave. Carriage Hills Park 1701 Crest Hill Way Large area Small area Christmas Hill Park 4950 Miller Ave. YARDAGE UNIT PRICE Ext.Price (tax + Shipping) 150 $ 40.85 $ 6,127.50 100 $ 40.85 $ 4,085.00 60 $ 40.85 40 $-4().85 100 $ 40.85 60 $ 40.85 40 $ 40.85 75 $ 40.85 60 40 25 $ 40.85 $ 40.85 $ 40.85 Grand Total 750 $ 40.85 Earliest Date for Estimated Completion: Ffift,tune 26, 2015 ar sooner. Lab Reports Status: Ath shed wig doamnents 1 019 z $ 2,451.00 $ 1,634.00 $ 4,085.00 $ 2,451.00 $ 1,634.00 $ 3,063.75 $ 2,451.00 $ 1,634.00 $ 1,021.25 $ 30,637.50 REQUIREMENTS / SPECIFICATIONS • Submittal of quote DEADLINE is this Tuesday June 9, 2015. • Installation deadline for playground wood fiber is Friday June 26, 2015 or sooner. Enter your estimated completion date on quote for all listed playgrounds. • Billing invoice deadline by Friday June 26, 2015, or sooner • All playground engineered wood fiber must meet ASTM Standards F1292 Impact Attenuation and F1951 ADA accessibility requirements. • Wood fiber shall be 100% wood fiber, free of chemicals or additives and void of bark, leaves, dirt twigs, or other foreign matter. All fiber is produced from new wood. The final product shall exceed the recommendations of the U.S. Consumer Product Safety Commissions Technical guidelines for playground surfacing • Provide wood fiber laboratory testing reports with proposal regarding proof that wood fiber meets and exceeds ASTM standards. • Vendor /contractor shall provide for all necessary on -site delivery vehicle and pedestrian safety measures including barricades, signage, and flagman to insure safety of park users, motorists, and pedestrians. • Vendor /contractor shall possess a Gilroy business license at time on -site park work is performed (semi - annual $121.00 / 408 846 -0420) • Successful Vendor /contractor shall provide the City with Contractors License # and Taxpayer ID or Social Security # • Successful Vendor /contractor shall provide the City with a 1 million dollar certificate of insurance naming the City as additionally insured with the required endorsement. See attached sample document. • Vendor /contractor shall provide 2 signed copies of the City's standard contract. See attached sample contract. (it may be sent in as two faxes or emails) • Digital copy of all proposal documents can be provide upon request if you provide email address (City contract and insurance) • Additional Service Provision • Vendor / Contractor agrees to provide additional services during the 1 yr. plus agreement period based on the original unit quote /bid price. Vendor / Contractor will be allowed to pass on increased direct product cost based on a written quote for additional services with supplier documentation of product increase. Thank you, Bill Headley Parks & Landscape Supervisor City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (408) 846 -0283 Office (408) 710 -5876 Cell (408) 846 -0306 Fax mai Ito: bill. headlev E- Dci.ailrov.ca.us VENDOR SUBMITTAL NAME & SIGNATURE JetMulch, Inc Printed Vendor Name Philip Reiker President Print Signature Name Title aO�NV W-N W MNNNIn Phil Reiker��"" - "" June 8, 2015 au.mu.uean.anww Signature`] PO Box 1667 Capitola, CA 95010 Address 866- 306 -8524 Phone 2 01:L Z, info @jetmulch.com Email / Fax NORTHWEST LABORATORIES of Seattle, Incorporated ESTABLISHED 1896 Technical Services for Industry, commerce, Legal Profession & Insurance Industry 241 South Holden Street • Seattle, WA 98108 -4359 • Phone: (206) 763 -6252 • Fax: (206) 763 -3949 www.nwlabsl896.com Report To: NSP3 Date: April 25, 2011 Report On: Engineered Wood Fiber Lab No.: E84969 -2 SUBMITTED: ANALYSIS: TEST RESULTS: Sieve Analvsis Sieve 3/4 inch 3/8 inch No. 16 Hazardous Metals One (1) Sample of Engineered Wood Fibers Per ASTM F2075 % Passing 100 91.2 7.2 % Passing 99-100 85-100 0 -15 Element (p12m, mg /kg) Result (Corrected) Specified Max. Antimony, Sb <1 60 Arsenic, As 0.04 25 Barium, B 0.73 1,000 Cadmium, Cd <0.1 75 Chromium, Cd 0.5 60 Lead, Pb 0.36 90 Mercury, Hg <0.01 60 Selenium, Se 0.2 500 This report applies only to the actual samples tested. Northwest Laboratories does not certify, warrant, or guarantee any products manufactured by others. Samples discarded within thirty (30) days unless otherwise requested in writing by you. NORTHWEST LABORATORIES, INC. Omar Simon, Chemist Web Page — http: / /www.nwlabs 1896.com E -mail — osimon @nwlabs1896.com NORTHWEST LABORATORIES of Seattle, Incorporated ESTABLISHED 1896 Technical Services for. • Industry, commerce, Legal Profession & Insurance Industry 241 South Holden Street • Seattle, WA 98108 -4359 • Phone: (206) 763 -6252 • Fax: (206) 763 -3949 www.nwiabsl896.com Report To: NSP3 Date: April 12, 2011 Report On: Shock Attenuation Lab No.: E84969 TEST STANDARD: ASTM F1292 -99 TITLE: Impact Attenuation of Surface Systems Under and Around Playground Equipment. PRODUCT NAME: Model #EWF2102 Fiber PRODUCT DESCRIPTION: Virgin Softwood of various species, debarked, chipped and screened. TEST RESULTS: 12 inch depth Drop Height Temperature ffieetj Drop Gmax HIC 300 11 1 114 714 11 2 119 758 11 3 126 792 Avg. (Drop 2 & 3) 122.5 775 300 12 1 99 653 12 2 111 723 12 3 115 722 Avg. (Drop 2 & 3) 113 722.5 300 12+ 1 94 649 12+ 2 116 810 12+ 3 123 838 Avg. (Drop 2 & 3) 119.5 824 700 11 1 71 405 11 2 77 442 11 3 85 509 Avg. (Drop 2 & 3) 81 475.5 700 12 1 77 465 12 2 85 527 12 3 91 568 Avg. (Drop 2 & 3) 88 547.5 NORTHWEST LABORATORIES of Seattle, Incorporated NSP3 Page -2- E84969 CONCLUSION: In accordance with ASTM F1292 -99, this product qualifies for a fall height of 12 feet. This report applies only to the actual samples tested. Northwest Laboratories does not certify, warrant, or guarantee any products manufactured by others. Samples discarded within thirty (30) days unless otherwise requested in writing by you. NORTHWEST LABORATORIES, INC. "Rlcchard T ScheTslc� /� � a Engineer U www.nwlabsl896.com d_schefsky @nwlabs1896.com Drop Height Temperature T9911 Drop Gmax HIC 700 12+ 1 68 439 12+ 2 81 501 12+ 3 89 539 Avg. (Drop 2 & 3) 85 520 1200 11 1 90 528 11 2 115 705 11 3 120 739 Avg. (Drop 2 & 3) 117.5 722 1200 12 1 115 722 12 2 75 420 12 3 80 495 Avg. (Drop 2 & 3) 77.5 457.5 1200 12+ 1 88 595 12+ 2 101 666, 12+ 3 106 735 Avg. (Drop 2 & 3) 103.5 700.5 CONCLUSION: In accordance with ASTM F1292 -99, this product qualifies for a fall height of 12 feet. This report applies only to the actual samples tested. Northwest Laboratories does not certify, warrant, or guarantee any products manufactured by others. Samples discarded within thirty (30) days unless otherwise requested in writing by you. NORTHWEST LABORATORIES, INC. "Rlcchard T ScheTslc� /� � a Engineer U www.nwlabsl896.com d_schefsky @nwlabs1896.com NORTHWEST LABORATORIES of Seattle, Incorporated ESTABLISHED 1896 Technical Services for. • Industry, Commerce, Legal Profession & Insurance Industry 241 South Holden Street • Seattle, WA 98108 -4359 • Phone: (206) 763 -6252 • Fax: (206) 763 -3949 www. nwlabsl896.com Report To: NSP3 Report On: Test Method: Wheelchair Test Date: April 15, 2011 Lab No.: E84969 -1 ASTM F1951 -99 Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment. Product Name: Model #EWF2102 Fiber Product Description: Virgin Softwood of various species, debarked, chipped and screened. Product Depth: 12 inches Testing Temperature/Date: (The test was performed indoors) The product temperature was 65° F and the air. temperature 65° F / 07/02/10 TEST WHEELCHAIR: Builder: Northwest Laboratories, Inc. Rear Wheels: 24 — inch pneumatic tires Spacing of 20.5 inches between center lines of tires. Front Wheels: 8 — inch pneumatic tires Spacing 17.5 inches between center lines of casters. Front axle to rear axle spacing: 16 5/16 inches Weight: Rear Wheels 136.00 lbs. Front Wheels 90.67 Total 226.671bs. Propulsion: The Wheelchair is propelled with an electric motor. Two clutches provide the Four power strokes. Power is supplied to the rims of the rear wheels in the Same manner as push rims do in a manual chair. Guide: The wheelchair straddles a metal pipe which ensures travel in a straight line. NORTHWEST LABORATORIES o, f Seattle, Incorporated NSP3 Page — 2 — E84969 -1 Turn Guide: A rigid metal arm is rigidly affixed to the chair. The other end of the arm is Affixed with a pivot point to the center of the circle described in Fig. 2 of the Standard. This guide ensures that the wheelchair always maintains the proper radius as it is propelled through the 90° turn. Distance -Time Measurements: The total distance /90° arc that the wheelchair will travel to a kill switch is measured to 1/16 ". Propulsion time and the speed of the motor are adjusted until the acceptance criteria are all met by the time the wheelchair trips the kill switch. Test Results: Product Values Inclined Values Average Ft. Standard Avg. Average Ft. Standard Avg. x Lbs./Ft. Deviation Time x Lbs. /Ft. Deviation Time (sec.) (sec.) Sample #1 Straight 1.99 0.10 7.36 2.07 0.05 7.52 90° Turn 2.00 0.12 7.56 2.00 0.12 7.56 These product MEETS ASTM F1951. NORTHWEST LABORATORIES, INC. �D L.: J ./.1Jef roc f Zeilinq faboralor '11C. �I , 711 It E. i t Mile Road, Warren, Mf 48092 -2709 • (586) 754 -9000 - FAX (586) 754 -9045 www.dg4nc.com FIBAR SYSTEMS 80 BUSINESS PARK DR. ARMONK, NY 10504 -1705 ATTN: Ms, Margaret DIBuono SAMPLE DESCRIPTION TEST REPORT - ftEb MAY 2 7 2083 DTL REPORT NO 081331, Rev 1 REPORT DATE 5/22103 RECEIVE DATE 4/30/03 CUSTOMER REF Per Henry Fibar Systems submitted approximately sixty cubic feet of loose fill wood material to be tested from their supplier location No. 03, (Fibar Systems supplier locations, 2003, on file at DTL). Sample material was identified by Fibar Systems as Fibar EWF, (Engineered Wood Fiber). Testing performed 5/20/03. Refer to Attachment A for sample material illustration. WORK REQUESTED/TEST SPECIFICATIONS 1. Wheelchair work measurement method — Straight propulsion, with no material, on a flat surface with a grade of 7.1%. 2. Wheelchair work measurement method — Straight propulsion with material, (Fibar EWF), and no grade. 3. Wheelchair work measurement method — Turning 900, with no material, on a flat surface with a grade of 7.1%. 4. Wheelchair work measurement method — Turning 900, with material, (Fibar EWF), and no grade. ASTM F1951 -99, Determination of Accessibility of Surface Systems Under and Around Playground Equipment. Page 1 of 4 Detroit Testing Laboratory, im letters, reports and data are for the exelusive use of our customers to whom they are addressed and shall not be reproduced. except in fut. willoul the written approval of the laboratory. Our loners and reports apply only to these Samples tested. and are not necessanty irtoicative of the qua4des of apparent identical or simlar products. Samples not destroyed in testing are retained for a mandmum of thirty (30) days. The use of the name Detroit Twitting Laboratory, Inc. or its Seat or insignia. are not pemtitted to be used by the customer on their communkatohs, brochures, advertising, mpons or other forrre of media, vAthout prior written approval. Reported test parameters are generally specified as set points of testing equipment. All documentation and data utilized In the generation of this report are available upon reoulist. QCF 1090 11/04/02 • - -- - -- FIBAR SYSTEMS DTL REPORT NO 081331, Rev 1 5/22103 CONCLUSION The results reported herein reflect the performance of this playground surface system at the time of testing. Performance will vary with temperature, moisture content, and other factors. ASTM F1951 -99, the average work per Newton meter measured lower when rolling over the Fibar EWF material than when rolling on a flat surface with a grade of 7.1 %. The tested material, (Fibar EWF), met the requirements of ASTM 1951 -99. TEST RESULTS Test material, Fibar EWF, was placed into test fixture in 4" layers and tamped using a 10" x 10" hand tamper until a depth of 12" was achieved. Material was tested, propelling the wheelchair with four (4) even pushes across the material within eight (8) seconds. This procedure was repeated five (5) times for each test trial, (Straight and 900 turn propulsion). Wheelchair rider weight = 175.1 lbs. Total weight, (Rider and wheelchair combined) = 210.3 lbs.. Atmospheric temperature = 72.4 °F Results: Fibar EWF, (Engineered Wood Fiber), 12" depth, Supplier Location No. 03. Run # and Type No Material Work per Newton meter (N-m) With Material Work per Newton meter N -m Straight Run 1 12.895 N -m 11.593 N•m Straight Run 2 13.153 N•m 11.836 N -m Straight Run 3 13.139 N -m 11.142 N -m Straight Run 4 12.860 N-m 11.078 N-m Straight Run 5 13.561 N -m 11.520 N-m Averse 13.062 N -m 11.418 N.m Turn Run 1 13.751 N -m 13.174 N -m Turn Run 2 14.044 N-m 12.265 N -m Turn Run 3 13.474 N-m 12.016 N-m Turn Run 4 13._497 N -m 12.750 N -m Turn Run 5 13.152 N-m 12.804 N -m Averse 13.574 N -m 12.606 N-m Page 2 of 4 QCF1090 11/04/02 FIBAR SYSTEMS DTL REPORT NO 081331, Rev 1 5/22/03 ASTM F1951 -99, work per Newton meter (N -m) average determined discarding the high and low work per Newton meter values and averaging the three remaining trials. - Average work per Newton meter, straight propulsion, no material, grade of 7.1% 13.062 N -m. - Average work per Newton meter, straight propulsion, with material, (Fibar EWF), and no grade = 11.418 N•m. - Average work per Newton meter 900 turn, no material, grade of 7.1 %= 13.574 N- m. - Average work per Newton meter 90° turn, with material, (Fibar EWF), and no grade = 12.606 N-M. REQUIREMENTS The average work per Newton meter values for straight propulsion and for turning with material shall be less than the average work per Newton meter for straight and turning propulsion on a flat surface with a grade of 7.1%. TEST EQUIPMENT Detroit Testing Laboratory, Inc.'s calibration system meets the requirements of ISO 17025:1999. - DTL Wheelchair Accessibility fixture - Strain gauge reaction torque sensor, Lebow, Model 2110 -110 -500, ID #09715 -Z, calibrated to 8127/03 - Signal conditioner, Daytronics, Model 3370, 113#09357, calibrated to 10/21/03 - Mitutoyo digital protractor, Model Pro 360, ID #08696, calibrated to 6/19/03 Quickie wheelchair, Model Q2 - Taylor digital humidiguide, Model 5566, calibrated to 4/25/04 SAMPLE DISPOSITION The sample will be retained by DTL for 30 days, then disposed of at the discretion of DTL unless otherwise instructed by Fibar Systems. Page 3 of 4 QCF1090 11/04/02 Reported by: DETROIT TeAgNG LABORATORY, INC. David Splane Certification Programs Coordinator e Keith G. Shelton Certification Programs Manager DS /KS /jg Enclosure: Terms and Conditions Page 4 of 4 QCF1090 11104/02 FIBAR SYSTEMS DTL REPORT NO 081331, Rev 1 5/22!03 D� TROIT TLSTI INC. IVC, .�,�1E3C)R/1TORY, 1 27485 George Morretti Drive, :Narrer►. hil 42092 ' (566)754.9009 ' FAX (566)754 -9015 ' *)v v fU- jnc.Conr IPEMA SURFACING MATERIAL REP©RT -- ASTM F1292.0, Client: Fibar Grou Manufacturer. Fibar Group Manufacturing Location: t Phone: (8001 342 -2721. Commercial Name of product: Engineered Wood Fiber Sample Selection: Yes: X 1-0 Date of Manufacture: Unknown No. of samples submitted: Approx. 12 Cu. Ft. Test Eauipment: Triax 2000 Accelerometer Calibration Due Date: Oct-09 Temperature Probe Calibration Due Date: Apr-10 Loose Fill Wood: ❑ Engineered Wood Fiber. p Rubber: ❑ Sand: ❑ Caravel: ❑ Other. ❑ Comments: DTL Report No.: 090880033 Report Date: 129129 31200 Test Date: 912312009 Initial Test ❑ Follow up Test ,ORO Job: Sample Receipt Date: 25120 Selection Date: 811912009 Ambient Air Temperature: 22.9'C Humidity: Environmental Chamber No.: 108 Calibration Due Date: Jan-10 Environmental Chamber No.: 133 Calibration Due Date: May10 Loose fill Material Sample Description: Un- compacted Depth: Compacted Depth: Unitary Sample Description' w Tiles © Thickness: Poured in Place ❑ Thickness: Other ❑ Thickness: The above described sainjole, was tested at 1z Ft. 14 inches J-2 Inches he results reported herein reflect the performance of the above described samples at the time of testing and at the (emperature(s) reported. Tile ;suits are specific to the described samples.. Samples of surfacing materials that do not closely match the described samples will perform Ifferently. The following data sheet provides an accurate representation of the test results, ample In compliance with ASTM F1292.04 at the temperature and rating specified? Yes Q No ❑ Signature: r Date: I Ti7 fewed by.. ` r.� Date: Revision 02/17/09 Page 1 of 2 Client: Fibar Groun DTI. Report No. 090080033.3 Manufacturer. Flbar Grouu Test Date: 9/23/2000 A1op Specified Drop Ilcight Ft. Reference Teutperaturc -b °C, (21,2 °F) Reference Temperature 23 °C,(73.4 °F) Reference Temperature 4'7 °C,(1 20.2 °F) G- fax HIC Velocity (fth) 0-Max HIC Velocity (ftfs) G -41nx HIC Velocity ((Vs) 1 12 80 410 27.7 _:69 298 27.7 82 442 27.7 2 12 94 460 27.8 84 390 27.8 94 466 27.8 3 1 12 Average 402 98 513 486.5: 27.8 , 97 90.5 487 438.5 27.9 103 1 98.5 553 609.5 27.9 - "- Measured Surr'nce Temperature Sample Condition: (,6 °C) A-lax. Change from reference + 5 °C 9 °F) DRY 24 "C hoax. Change front reference + 30C,(3.40[--) DRY 49 °C Max. Change front rercrence •3°C .(- 5.4 °F) DRY Drops One foot over (Ft) Reference nulerature -G °C 21.2°F Reference Ten erature 23 °C 73.4 °F Reference Tein erature 49 °C 128.2 6F G Jfa� HIC Vclocity(tVs) G -max HIC Velocity.(Ns) G -h-fac HIC Veloctly(Ns) i 2 3 Average 0 0 0 0 0 0 ivfeasured Surface -Temperature o Smn le.Conditln: °C Max. Change front reference +5 °C {9 °F) ° Wax. Change from reference C 8 +3 °C, 5A °-3-C.(.5.4-r) C flax. Change from reference •3 °C.(•5.4 ° Drop One foot under (Fl.) Referenco Tem erature -G °C, 21.2 °F Reference Tem ernttue 23 °C 73.4 °lr) Reference fem erature 49'C 120.2°F G'r�'lae HIC Velocity(lVs) G -ivl-Lx HIC Velocity (fvs) G -410ax HIC Velocity (ftJs) 2 3 Average 0 0 0 0 0 0 14easured Surface Temperature Sample Condition: °C Nlrm Change troll] reference + 5 °C , 9 °F °C Man. Change from reference + 3 °C (5.4 °F) .0 ,4tax. Change from reference -30C,(.5.4-F) Chi Since 1903 Revision 02117/09 Page 2 of 2 DETROIT TESTING LABORATORY. INTC 27485 George Merrelli Drive. Warren. MI 48092 • (586)754 -9000 ^ FAX (5861754.9045 - w+ww.dtt-inc.com Sieve Analysis ASTM F2075 -04 Section 4.4.2 per 7.4 Participant The Fibar Group Location: Test Product Brand Name: Engineered Wood Fiber Job# Initial Sample Dry Weight (g)= 306.6 0.0 g + Initial sample weight (g)= 306.6 x loo = 0.0 %not Passing W sieve 100%- 0.0 % not passing' /." Sieve = 100.0 � % Passing Sieve remaining 2.8 g � Initial sample weight (g)= 306.6 x 100 = 0.9 % not passing 3/8" sieve 100%- 0.9 % not passing 3/8" Sieve + 0.0 % not passing M." Sieve 99.1 / Passing Sieve remaining 258.9 g + Initial sample weight (g)= 306.6 x 100 = 84.4 % not passing X16 sieve 100%- 84.4 % not passing #16 Sieve + 0.0 + %not passing /, "Sieve + 0.9 + / not passing 3/S" Sieve : 14.6 % Passing Sieve Test est Performed Reviewed By. Sample in compliance with ASTM F2075-04 for Sieve Analysis Section 4.42 per 7.4 Yes L No Date: — 1 www reported nerein reflect the performance of the above described samples at the time of testing and at the temperatures) reported. The results are specific to the described samples. Samples of surfacing materials that do not closely match the described samples will perform differently. The following data sheet provides an accurate representation of the test results. Certification Form- ASTM F2075 -04 Sieve Only Revision 1 1126/06 ROT�i TES t_I LAB RATOR?'. �! ��.. 27485 George Me:relli Drive, Warren. MI 42092 - (536)754 -9C00 - FAX (5S6)754 -9045 ` vfivbv.Ctl- irc.con- Manufacturer. Fibar Group, LLC Report Date: 09/14/09 Location: Job No.: 0908800334 Product Brand Engineered Wood Fiber Name/Number. ASTM F2075-04, Section 4.5.2 per 8.0 Hazardous Metals Test, (Outsourced ) Permissible Values (maximum soluble migrated element in ppm (mglL) Antimony Arsenic Barium Cadmium Chromium Lead Mercury Selenium Sb As Ba Cd Cr Pb H Se' 60 25 1000 75 60 90 60 500 Analytical Results per 8.4.6 - Test Value ppm (mg /L) <50 1 <900 1 <65 1 <50 1 <80 <50 <400 ND = Not Detected Pass X Fail Test Performed By: Signature on file Date: 9/14/2009 ��u� Reviewed By Date: 9114/2009 ShKe 1903 ASTM F 2076.04 Standard Specification for Engineered Wood Fiber for Use as a Playground Safety Surface Under and Around Playground Equipment Manufacturer:. Fibar Groun, LLC Job M 090880033.1 Location: Date: 8/19/2009 Product Brand Name /Number: Engineered Wood Fiber Magnetic Tramp Metal Test per Section 9,4 1. Determine Quadrants per 9.4.2 A Quadrant #1 Up to 15" a Quadrant #2IT-30" o Quadrant #3 30" -- 46" U Quadrant #4 45" — 60" 28 Probes are required in each quadrant around the sample: (7 Probes at 4 locations) Quadrant # 1 0" --15" Location #1 Location #2 Location #3 Location #4 Pass /Fail Pass /Fail Pass /Fall Pass /Fail Probe 1 Q ❑ X ❑ ® ❑ Q Probe 2 © ❑ N. ❑ © ❑ © ❑ Probe 3 ❑x ❑ Q ❑ © ❑ x ❑ Probe 4 ❑x ❑ Q ❑ 0 ❑ 0 ❑ Probe 5 Q ❑ ( ❑ © ❑ ❑ Probe 6 Q ❑ Q ❑ Q ❑ ❑ Probe 7 Q ❑ ❑ 0 ❑ Q ❑ Particles retrieved that are greater than Comments Quadrant # 2 15" — 30" Location #1 Location #2 Location #3 Location 04 Pass /Fall Pass /Fait Pass /Fail Pass /Fail Probe 1 Q ❑ ❑x ❑ ® ❑ ® ❑ Probe 2 Q ❑ ® ❑ ® ❑ M ❑ Probe 3 Q ❑ Q ❑ ® ❑ Q Probe 4 © ❑ © ❑ Q ❑ © [] Probe 5' © ❑ © ❑ © ❑ ® ❑ Probe 6 © ❑ ® ❑ © ❑ x Probe 7 ;c ❑ © ❑ 0 ❑ %M ❑ Particles retrieved that are greater than W Comments Page 1 of 2 adrant # 3 {30" — Probe 1 Q ❑ Probe 2 Q ❑ Probe 3 Q ❑ Probe 4 Q ❑ Probe 5 ® ❑ Probe 6 Q ❑ Probe 7 Q ❑ Particles retrieved that are greater than %" Comments ❑ Q Quadrant # 4 (45" — 60" t� El El El L Job # 090880033 -1 II Date; 8/194009 Pass /Fail ■ 11 ■ Pass /Fail Q ❑ Q ❑ Q ❑ o ❑ e x ❑ Location #1 - Location #2 Location ll3 Location #4 Pass /Fall Pass /Fail Pass /Fail Pass /Fall Probe 1 ® ❑ Q ❑ x❑ ❑ Q ❑ Probe 2 Q E3 ❑ Q El ❑ Probe 4 ® El © o ❑. El 0 ❑❑ a ❑ Probe 5 Q ❑ Q ❑ Q ❑ Q El Probe 6 Q El Q El 7 Q El ❑x El Q ❑ Q El Particles retrieved that are greater than %," Comments Pass X Fail ❑ Notes: Test Performed By: f/ Date: Page 2 of 2 Reviewed By:� Date: JETMULC -01 THOMPSONR ,4coRO° CERTIFICATE OF LIABILITY INSURANCE DATE 7/8 /2 D/YYYY) /8!2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),,AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate_ holder in lieu of such endorsemen s . PRODUCER License # OE67768 IDA Insurance Services 3875 Hopyard Road Suite 240 Pleasanton, CA 94588 CONSACT NAME; Rickey Thompson Jr PHONE g25 416 -T862 F No : 925 416 -7869 (AIC n DRESS: Rickey.ThompsonJr @ioausa.com INSURERS AFFORDING COVERAGE NAIL # INSURER A: WesCO Insurance Company 25011 INSURED Torus National Insurance Company 25496 -INSURERS: INSURER C: Jet Mulch, Inc D : X P O BOX 1667 Capitola, CA 95010 -INSURER INSURER E: 04101/2016 .INSURER F: PREMISES Ea occurrence) $ 100.00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, . EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR T TYPE OF INSURANCE POLICY NUMBER POLICY EFF MMIDD/YYYY P LI Y EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS -MADE T OCCUR X X WPA103045504 0410112015 04101/2016 PREMISES Ea occurrence) $ 100.00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY JECT ',❑ LOC PRODUCTS - COMP /OP AGG $ 2,000,00 $ OTHER: T AUTOMOBILE LIABILITY SINGLE LIMIT CEOs accident) $ 1,000,00 BODILY INJURY (Per person) $ A X ANY AUTO X PA103045504 04/01/2015 04/01/2016 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per. accident $ X HIRED AUTOS X NON -OWNED AUTOS UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,00 B X EXCESS LIAB CLAIMS- 72313JISIALI 04/01/2015 04/01 /2016 AGGREGATE $ 3,000,00 DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �, / N ANY PROPRIETORIPARTNER/EXECUTIVE PER OTH- STATUTE I ER E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? a NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory 'in NH) N describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Providing and Installing engineered wood fiber for various park playgrounds City of Gilroy, its officers, officials, and employees are recognized as Additional Insureds as respects to General Liability and Auto Liability, as required by written contract per the attached forms. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Gilroy, AUTHORIZ its officers, officials, and employees j ") 7351 Rosanna St Gilrev_ CA 95020 ©1988 -2014 ACORD CORPORATION. All riahts reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD JETMU -1 OP ID: Be Z"%4L__�"" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/ww) _ 0 CERTIFICATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - InterWest Insurance Services License #OB01094 310 ding, Hemsted 60 2Lilt@ 5 Redding, CA 96002 -0935 Brian Seamans CONTACT NAME: Cindy Be mer PHONE 530 -222 -1737 No): 53O- 222 -3771 ADDRESS: cb@ mer iwins.COm INSURERS AFFORDING COVERAGE NAIC A INSURER A: Benchmark Insurance Company INSURER B: 41394 INSURED Jet Mulch Inc PO BOX 1667 INSURER C: Capitola, CA 95010 INSURERD : PREMISES Me oodlirrence INSURER E MED EXP (Any one person) INSURER F : __ _ _ - - - - " "" " —" "'��•^ RCYIJICJIY IVUM6CK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, _NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE 114SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR- TYPE OF INSURANCE POLICY NUMBER ^POLICY EFF POLICY .EXP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ PREMISES Me oodlirrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENL AGGREGATE LIMIT APPLIES PER: POLICY E] JECT � LOC OTHER: GENERAL AGGREGATE Is - PRODUCTS - COMP/OPAGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT Ea acciden . BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE Pet accident $ A UMBRELLA LIAR EXCESS LIMB HCLAIMS-MADE OCCUR NIA CST5006318 0410112015 04101/2016 EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDED? El ( ies.d onj In and Mye5 describe under DESCRIPTION OF OPERATIONS below X ' STATUTE ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,00( � E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS .I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Providinw and Installing engineered wood fiber; for various park playgrounds City of Gilroy its offiaers,officials and employees 7351 Rosanna Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD CORPORATION. All rights reserved ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ARA1.0631 POLICY NUMBER: WPA103045504 COMMERCIAL GENERAL LIABILITY CG 20 10 0.7-04 THIS'ENDORSEMENT CHANGES .THE POLICY. PLEASE'READIT CAREFULLY. ADDITIONAL INISUREU:- OWNERS, LESSEE. RJR CONTRACTORS: - S: �"EDULED PERSON OR ORGANIZATION This endorsement modifies, irisurance1iroWded under the following-, COMMERCIAL GENERAL LIABILITY COVERAGE. PART SCHEDULE . erson(s) nernaof Additional .insured Persons) *:Organiza . tion(s): Locations ) Of Covered Operacoons. City of Gilroy, its officers, officials, and 814riket. as: required by written contract Primary Insurance applies 111'1 apreed,:ttyat such empbyees insuram- ce as is afforded by:thig:p.oficy.forl.the., .bonL- 7351 Rosanna Street. fit 6f the Additional Iriturod sho"n-'thaill'be-primary . :in%irance, And any at her1riaWance.m.dintAlned by Gilroy, CA 95020 the AdditioneV. InsuredWshall be .excess and non= RE: Providing and Installing engineered wood fiber for various park playgrounds dbntfibUthry:as retpftAt Any claitti, loss or liability City of Gilroy, its officers, officials and employees are named as an additional allegedly. aril rig oidtof the 6p4ratiohs.6f the iTamed insured. :insured, provided however that this. insurance Will not:apOly-to. any claim lossior liability. which is:de- termined to be so . lel . y the he. result of `the Additional lbsured's negligence or solely the Additional In- I sureo's responsibility. I fril'on-nAtionregutrecito complete this Schedbl%, if not Shown above will be shown in-the Declarations: A. .04aian H. — Wh%).19.Art insured amended to include as an.additio.nal insured the pers'an(t), or .0rg ahizatibO(s) tho wn in the -Schedule; bul'oni y with respect: to: Ildbilitylor dw' 'bodilyinJ ury"I "property na g dt 70 rWhal and :advertising ihj.ur.y- causoO,, fn whode or in part'.;lpy. .. . � . . t 1. Your -acts: bromissions: or 2. The eats: or omissions acting ; o ,sions of:jhose ac.6 n your behalf, in ft Wrformaric*e of your origol.rig'aperAtlohs fOr the :additional 'insured(s). at the- loc.abo.n(s): desig- nate&ab0'Ve;. 00 2010 0704 0. With.. respect to the insurance affordied to these additional insureds., the following additional exclU!, zion . s-apply.:: 1his insurance does not aprly to 1 3odiiy injury" or "property damel occ urriwafter: I.. All work. .including malefialsi, parts qr eq.qip- men.t'fur'nl:sh6d'in-con'necoo'n with such . vvotk, :W: the project (poor than service,: maintenance: or repairs): to be p6dot m-6d by or - on,. belhialf of the additional . irlsuno(t) at the lodation'd. f. - the cav erbd operaboft.has. been domoeted, at .2. That -portion. of ".You.r work" ouL:o.1 which Lhe qury-or damage arises has: been pul-to: its in- ,Wded use -by, Any person or organ LatidAbthbe 1han another '..Contractor .,Qr subcantractor en- :gaged tn* performing aipet.ations for a principal Asa Part of thesame project, 0 ISO Propert!", Inc-.,:2004 Page I.- -of 1 C3 AB41,063'1 POLICY NUMBER: WPA103045504 COMMERCIAL GENERAL LIABILITY 6G 20 3'. 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS,. LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Thiae �,dr&ernenl mbdifies insurance peovidod.und6t' the :-I.bll6Wing:- C OMMERGIALGENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional 'Insiured:Person(s) Or Oirganization(s): Location And Descriotion Of Completed Opeinitions Blanket as required by written- contract and Blank.et:as required by written contract. effective -during the policy period as stated in the policy Primary Insurance appK'w It is agreed that such declara,tions: insurance as is �41ffqrded by this policy, for :the benefit of the Add,itigna1. Insured sh -i .. own. shall �e primary ns{r rance,an.d.an.y other insurance . maint.ain.ed..by the Add!- tional Insured($): shall be excess and noncontributory as respects any plaim, loss or liability allegedly- arising out of the 60.6raLkint of the named insured, Pro.vldod . . insurance; cAaim However that this insurance, will nct, apply 10 a ,loss. or liability Which* is determined to bewiloly the result of .the: AddItforial Insured's ne.01106ric6 of t6libly .the. Additional Insured's; responsibility.. This insurance also do'6s, not apply to any -structure with an int6nded.mcupancy of a private residence, riot I including Apartments. I Information required to complete this Schedule, if: not shown above, will be shown in the Declarations.: Section 11.— Who Is An Insured is amended to include As an additional insured the person(s). or orgetnizationi(s):shown in the Schedule, but only with respect to liability :for "bodily injury .or "property 'V damage" caused; iii :whole Or in ParL by lyo.uf' wo'.r.... at thp location designated and: described in the schedule of :this endorsement performed for that additional lns;ured: and Included in the ''pro.dumw compf . e . t I ed . operations hazard". CO 20 37 07.04 C ISO Properfie$, Inc.,2004 Page 1 of 1 17 ARA1063-1 POLICY NUMBER: WPA103045504 COMMERCIALZENERAL LIABILITY OG-24040509 WAIVER OF TRANSFER: OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This- enddMerft,emt modifies insurance pr6vicled under ti e. follown' g,. COMMERCIAL. ENERAL LIABILITY COVERAGE PART PROPUCTS./COMPLETE0 OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person , OrOrgepization.: B lanket:as: required by written contract - and effective :during the policy period as stated in the policy declarations. Information required'to complete-this Schedule, il-not shown above, will, be shQwn in 1heDe.clarations. The followirig is added to Paragraph 8. Timinsfer Of Rights Of :Recover Against -0th0jra To Us. Of :Section IV —Co)ndillons, We waive any right of recovery we may have against the person or organization anization shown in the. Schedul.6 above 6ecause: of 'payments we Make fO r i rifti rV. of damage .arising out of :your Ongoing operations ' go - :or .Your' wqrk o under a contract. With That person '� done or organization and included in the "Orpowts- cornplet6d 'operations hazard". This waiver applies. Only to the person, or organization shown in the., Schedule above. CO 24.04:05 09 0 InsUranceServiceS Office, Inc., 9008 Page. I of I ❑