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HomeMy WebLinkAbout2008-012 Hansen Bros Weed Abatement CITY OF ATASCAD RO CONTRACT# CITY OF ATASCADERO 0 1918 te78 7 CONTRACT FOR Travis Hansen, dba Hansen Bros Custom Farming for WEED ABATEMENT CONTRACTOR City of Atascadero Travis Hansen, � a dba Hansen Bros Custom Farmingy - `IR p p . A ■i ` i91s p MR 7 CONTRACTOR SERVICES AGREEMENT FOR THE CITY OF ATASCADERO Travis Hansen, dba Hansen Bros Custom Farming THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and Travis Hansen, dba Hansen Bros Custom Farming ("Contractor"). City and Contractor agree as follows: 1. SCOPE AND STANDARDS: A. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. 2. EMPLOYMENT STATUS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. Any persons employed by Contractor for the performance of services pursuant to this Contract shall remain employees of Contractor, shall at all times be under the direction and control of Contractor, and shall not be considered employees of City. All persons employed by Contractor to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Contractor employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. 2 City of Atascadero Travis Hansen ' dba Hansen Bros Custom Farming =- +gyri iR B. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 3. TIME OF PERFORMANCE: The services of Contractor are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than May 31 2009, unless extended by the mutual agreement of both parties. 4. COMPENSATION: A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached hereto and made a part hereof. B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager or the City Manager's designee (hereinafter "City Manager" shall include the City Manager's designee). Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Contractor at the time City's express written authorization signed by the City Manager is given to Contractor for the performance of said services. 3 City of Atascadero Travis Hansen, dba Hansen Bros Custom Farming 5. SUPERVISION, LABOR AGREEMENTS AND PERSONNEL: A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel. The City Manager may use any reasonable means to monitor performance and the Contractor shall comply with the City Manager's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Contractor may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Contractor is legally obligated to comply with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that the Contractor's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Contractor may have covering and/or with is employees. 6. TERMINATION: A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this Contract, without cause, at any time. In the event of such termination, Contractor shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination. B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. 4 City of Atascadero Travis Hansen, �4 n, dba Hansen Bros Custom Farmingy; 7. CHANGES: The City or Contractor may, from time to time, request changes in the scope of the services of Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager. 8. PROPERTY OF CITY: A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed that all materials prepared by the Contractor under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Contractor shall have no property right therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of the materials prepared by the Contractor if used for purposes other than those expressly set forth in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor shall not disseminate any information or reports gathered or created pursuant to this Contract without the prior written approval of City including without limitation information or reports required by government agencies to enable Contractor to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order. Contractor will be allowed to retain copies of all deliverables. B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials and property of the City as may have been prepared or accumulated to date by the Contractor in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the City. 9. CONFLICTS OF INTEREST: A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Contract. Contractor further covenants that in the performance of this Contract, Contractor shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees, at all times, to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. 5 City of Atascadero Travis Hansen, dba Hansen Bros Custom Farming ° 10. CONFIDENTIAL INFORMATION: A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Contractor or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non-releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. City and Contractor shall promptly notify the other party should Contractor or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City. City and Contractor each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Contractor and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Contractor or City. However, City and Contractor's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract except as set forth in Exhibit C. City acknowledges that all equipment and other tangible assets used by Contractor in providing these services are the property of Contractor and shall remain the property of Contractor upon termination of this Contract. B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items shall be approved by the City Manager and shall be provided at City's sole cost and expense. 6 City of Atascadero Travis Hansen, dba Hansen Bros Custom Farmingy 12. COMPLIANCE WITH LAW: A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Contractor shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of contractor to comply with this section. B. PREVAILING WAGES. In the event it is determined that the Contractor is required to pay prevailing wages for the work performed under this Agreement, the Contractor shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the City Manager. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor. 14. ASSIGNABILITY: Contractor shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. 7 City of Atascadero Travis Hansen, ' dba Hansen Bros Custom Farming ZTV 15. LIABILITY OF CONTRACTOR: Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Contractor's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors. 16. INDEMNIFICATION: A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same are caused in whole or in part by any negligence or wrongful act, error or omission of Contractor, willful misconduct, or recklessness of its officers, agents, employees or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section for each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. 8 City of Atascadero Travis Hansen ( ' dba Hansen Bros Custom Farming , - 17. INSURANCE: Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit E attached to and part of this agreement. 18. RECORDS: Contractor shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. Contractor shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 19. MISCELLANEOUS PROVISIONS: A. NONDISCRIMINATION / NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination. B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. C. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived. 9 City of Atascadero Travis Hansen, dba Hansen Bros Custom Farming - D. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Contractor by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Contractor nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation. F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. 10 City of Atascadero Travis Hansen,;: dba Hansen Bros Custom Farming , J. NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the following addresses: City: City of Atascadero City Manager 6907 EI Camino Real Atascadero, CA 93422 Contractor Travis Hansen Dba Hansen Bros Custom Farming 1161 Dorothy Street Paso Robles, CA 93446 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Contractor warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Contractor to the performance of its obligations hereunder. AGREED to this day of MG) , 2008 by the parties as follows. Approved as to form: TRAVIS HANSEN Dba HANSEN BROS CUSTOM FARMING IVIA By: 1 /aXe, Counsel for c ntractor Travis Hansen, owner Dba Hansen Bros Custom Farming Approved as to form: CITY OF ATASCADERO By: er By. WW6, ff�� Brian A. Pierik, City Attorney Wade McKinney City Manager 11 City of Atascadero I ` Travis Hansen, ' a dba Hansen Bros Custom Farming � '° , . CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861.) CONTRACTOR Travis Hansen, Dba Hansen Bros Custom Farming 12 EXHIBIT A Scope of Work Contractor agrees to complete the project consisting of destroying vegetative growth (noxious or dangerous weeds) or other flammable materials found upon or in certain lots and lands in the City of Atascadero, and the removal of tree branches, refuse and other waste materials, including clearance of drainage ditches as required by weed abatement regulations. A-1 EXHIBIT B Compensation and Method of Payment Calculated worksheets are to be submitted to the Fire Department's Administrative Assistant by fiscal year: one for all work completed during the 2007-2008 fiscal year (June 2-30, 2008 and another for 2008-2009 fiscal year (July 1-14, 2008). The due dates of the calculated worksheets are time sensitive as listed below and must be adhered to: 2007-2008 (June 2-30, 2008) Due: July 1, 2008 2008-2009 (July 1-14, 2008) Due: July 21, 2008 Year-round abatements are paid by calculated worksheets and invoices through May 31, 2009. EXHIBIT C Items Provided by City 1. Map Book 2. Work Orders 3. GPS Unit 4. City I.D. EXHIBIT D Location Schedule Various parcels within the City of Atascadero EXHIBIT E Insurance Requirements INSURANCE. Contractor shall not commence work under this contract until he/she shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor or any subcontractor's operations under this contract, whether such operations be by Contractor or by anyone directly or indirectly employed by Contractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $1,000,000 for injuries, including, but not limited to death, to any one person and, subject to the same limit for each person, in an amount not less than $500,000 on account of any one occurrence; (2) Property Damage Insurance. In an amount of not less than $500,000 for damage to the property of each person on account of any one occurrence. (3) Comprehensive Automobile Liability. Bodily injury liability coverage of$500,000 for each person in any one accident and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of$500,000 for each accident. (4) Worker's Compensation Insurance. In the amounts required by law as set forth on page 12 of this contract entitled "Certificate of Compliance with Labor Code Section 3700". b. DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductible or self-insured retention must be declared to, and approved by, the City. The City may require that either the insurer reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected or appointed officials, employees, agents or volunteers; or the contractor shall procure a bond guaranteeing payment of all losses, and related investigation, claims administration and legal expenses. c. PROOF OF INSURANCE. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability insurance shall name City as an additional insured with the Contractor. 1. SCOPE AND STANDARDS: ........................................................................................... 2 A. CONTRACT.......................................................................................................... 2 2. EMPLOYMENT STATUS OF PERSONNEL: ................................................................ 2 A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR............ 2 B. INDEPENDENT INVESTIGATION.................................................................... 3 C. COMPLIANCE WITH EMPLOYMENT LAWS................................................. 3 D. UNLAWFUL DISCRIMINATION PROHIBITED.............................................. 3 3. TIME OF PERFORMANCE:............................................................................................ 3 4. COMPENSATION: ........................................................................................................... 3 A. TERMS.................................................................................................................. 3 B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING.................... 3 5. SUPERVISION, LABOR AGREEMENTS AND PERSONNEL: ................................... 3 A. CONTRACTOR SUPERVISES PERSONNEL....................................................4 B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS........4 6. TERMINATION................................................................................................................ 4 A. 30 DAYS NOTICE................................................................................................4 B. OBLIGATIONS SURVIVE TERMINATION......................................................4 7. CHANGES:........................................................................................................................ 5 8. PROPERTY OF CITY:...................................................................................................... 5 A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY...................... 5 B. CONTRACTOR TO DELIVER CITY PROPERTY............................................ 5 9. CONFLICTS OF INTEREST:........................................................................................... 5 A. CONTRACTOR .................................................................................................... 5 10. CONFIDENTIAL INFORMATION:................................................................................ 6 A. ALL INFORMATION KEPT IN CONFIDENCE................................................ 6 B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE ................................. 6 C. COOPERATION................................................................................................... 6 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:........................................... 6 A. CONTRACTOR PROPERTY............................................................................... 6 B. SPECIAL SUPPLIES ............................................................................................ 6 12. COMPLIANCE WITH LAW:........................................................................................... 7 A. COMPLIANCE REQUIRED ................................................................................ 7 B. PREVAILING WAGES ........................................................................................ 7 13. SUBCONTRACTING:...................................................................................................... 7 14. ASSIGNABILITY:............................................................................................................ 7 15. LIABILITY OF CONTRACTOR: .................................................................................... 8 16. INDEMNIFICATION: ...................................................................................................... 8 A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY................................ 8 B. INDEMNIFICTION FOR OTHER THAN PROFESSIONAL LIABILITY........ 8 C. GENERAL INDEMNIFICATION PROVISIONS. .............................................. 8 17. INSURANCE:.................................................................................................................... 9 18. RECORDS:........................................................................................................................ 9 19. MISCELLANEOUS PROVISIONS: ................................................................................ 9 A. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT ................................................................................................................................ 9 B. UNAUTHORIZED ALIENS................................................................................. 9 C. GOVERNING LAW.............................................................................................. 9 D. ASSIGNMENT OR SUBSTITUTION................................................................ 10 E. ENTIRE CONTRACT......................................................................................... 10 F. AMENDMENTS ................................................................................................. 10 G. CONSTRUCTION AND INTERPRETATION.................................................. 10 H. WAIVER.............................................................................................................. 10 1. SEVERABILITY................................................................................................. 10 J. NOTICES............................................................................................................. 11 K. AUTHORITY TO EXECUTE.............................................................................. 11 AGO_RD_ CERTIFICATE OF LIABILITY INSURANCE 5/27/2008 ' Wi00UCER (205)236-1818 FAXc (H05)Z36-5 39 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tad Hamm Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1046 Vine St. ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Paso Robles CA 93446 INSURERS AFFORDING COVERAGE NAIC 0 (N9URE0 IN9UgERA;Allied PrOPQ]C`tX Caaualt WWSES, TRAVIS INSURE;m pro re99ive Insurance 1161 DORO TRY STREET INSURERC; INSUR RD: PASO ROBLES CA 93446 I149URERF THE POLICIES OF INSURANCE I.ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RL-QUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPEGT TO WHICH THIS CERTPFICATE MAYBE ISSUED OR MAY PERTAIN, TNF INSURANCE AFFORDED BY THE POLICIES DESCA113FD HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, immnm LIMI HpZh MAY Kt3VFB B P ILTR OD' TYPE OF POLICTNUA�ER O�AuE 6 MIpDCi1Y PODaT�e NIXuPoom N LIMITS GENERAL UAHIUTY F LIFIP ; 1,000,000 DA AGE TO RENTED 100,0 DO X COMMERCIAL fENERALLIABiLITV F I - IGooec��ep A X CLAIMS MADE 5c_1 OCCUR PPMBP07821816978 4/13/2008 4/13/2009 .D P one rip• s 5,000 PE RSON P,LB s 1,000,000 FNERAL AGGREGATE Z 2.000,000 GEN'L AGGREGATE LMIT APPLES PER v p T9- S 2,000,000 X POLICY2iLCC AUTOMOMLE LIABILITY COMBINED SINGLE LIMIT ANYALITO 04/03/2009 04/03/2009 (Eaac6dent) 1,000,000 B R ALLQvMEAAUTIOS 057301590 BODILY INJURY >' x SGHEDULEDAUT09 (perpemcn) HIRE13AUTUS BODILY INJURY 1i NON•OWNEO AUTOS (Per acUeMt) PROPERTY DAMAGE S IPeretcldenU ©ARAGE UAB�IT`f AUTO ONLY•EAACCID�w S ANY AUTO OTVERTHAN >F1�nc S A070 ONLY' AGG I• FXCESSNMBREW►LIA112MY EACH DQCLll;RrN"- 7 OGCUR F7 CLAIMS MADE REGATE � S OFOUCMLF *Mnmq GOMPFIiISATIONAND YJG SIA oTrl• EWLOYPRS'LIABILITY ANY PRO FIgIETDRfPARTN@RfEXECUTIVE E.L.EACHACCIDENT 5 OFFICEReMEMBEREXCL'JDFD7 E.L.DISEASE-EA EMP',GY=E S If va,Hencnbe under SPE ROVISIONS DISEASE•VOLICY LIMrT OTNP_R DESCRIPTION OF OPERArtofw3RDCAT1ON91vE}'RCLESIMLU910NS ADDED SY ENDOR3EN")OFFCIAL PROVISIO IS City of Atnecadeco acknowledged as Al for *arid ilbatemant jobs prctormed by TTavia Hansen June I - 10, ZCDB CERTIFICATE HCII.DER CANCELLATION SHOULD ANY OF THe ABOVE OF•p GRI6EV POLICIES EE CANCELLED t7@TONE T4E City of Atageadere EmnRAIION DAT$ THEREOF, THE t=ulvc INSURER "L.L ENDEAVOR TO MAIL, 6970 El Camino 10 DAYS WRITTEN NOTICE TO TME CUMFICATE HOLDER NAMED TO THE LEFT.SLIT ,A,taac adexo, CA 93422 FAILURE TO 00 SO SHALL IMPOSE NO OSLIOATION OR LIABILITY OF ANY WHO UPON THE INS ER ITS AGENTS OR REPRESENTATIVES. AUT RW REPRE A ACQRD 25(2001108) r Q ACORD CORPORATION 1988 amgn7q,Mn i ns- Pace 1 0f Z Zd 056Z-8cZ (908) 6ulw-lei sOJO uasueH d6Z:`✓0 80 ZZ /eA J Form w-9 Request for Taxpayer Give form to the (Rev.October 2007) requester. Do not Department of&w Treasury Identification Number and Certification send to the IRS. Internal Revenue Service Name(as shown on your income tax return) (0 Business name.if different from above (.s�>, Fc- 0 M C Check appropriate box:4 Individual/Sole proprietor Corporation El Partnership Exemput ❑ Limited liability company.Enter the tax classification(D=disregarded entity,C=corporation, P=partnership) b►- ------- El payee 0 P ❑ Outer(see instructions)11- C Address(number,street,and apt.or suite no.), Requester's name and address(optional) v,.e e_ C' state,and ZIP code M q3 qq6 W%,!) gp�ie-s C17 List account number(s)here(optional) ME Taxpayer Identification Number IN security number Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid rso-cl-I security 11 backup withholding. For individuals, this is your social security number(SSN). However,for a resident i-16 : -7/ 1 7/61 alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3. For other entities, it is or your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. Note.If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. FUTIFF—Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or 'am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a)I am exempt from backup withholding,or(b) I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S. person(defined below). Certification instructions.You must cross out Rem 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an inaividual retirement arrangement(IRA), and generally,payments other than interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN.See the instructions on page 4. Sign Vgnatune of persm Date Sign Fsui7 r Here General Instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: Section references are to the Internal Revenue Code unless * An individual who is a U.S. citizen or U.S. resident alien, otherwise noted. * A partnership, corporation, company, or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an information return with the States, IRS must obtain your correct taxpayer identification number(TIN) e An estate (other than a foreign estate), or to report,for example, income paid to you,real estate * A domestic trust (as defined in Regulations section transactions, mortgage interest you paid, acquisition or 301.7701-7). abandonment of secured property, cancellation of debt, or Special rules for partnerships.Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally, required to Use Form W-9 only if you are a U.S. person(including a pay a withholding tax on any foreign partners' share of income resident alien),to provide your correct TIN to the person from such business. Further, in certain cases where a Form W-9 requesting it (the requester) and, when applicable,to: has not been received, a partnership is required to presume that 1. Certify that the TIN you are giving is correct (or you are a partner is a foreign person, and pay the withholding tax. wafting for a ritimber to be issued), Therefore, if you are a U.S. person that is a partner in a 2.Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. 3.Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable,you are also certifying that as a income. U.S. person, your allocable share of any partnership income from The person who gives Form W-9 to the partnership for a U.S.trade or business is not subject to the withholding tax on purposes of establishing its U.S. status and avoiding withholding foreign partners'share of effectively connected income. on its allocable share of net income from the partnership Note.If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the request your TIN, you must use the requester's form if it is following cases: substantially similar to this Form W-9. • The U.S. owner of a disregarded entity and not the entity, Cat.'Jo. 10231X Form VWV-97Rev.10-2007) NON TRANSFERABLE CITY OF ATASCADERO POST IN CONSPICUOUS PLACE KEEP FOR YOUR RECORDS 15177 BUSINESS LICENSE I CERTIFICATE OF OCCUPANCY ACCOUNT NUMBER BUSINESS TAX RECEIPT 6500 PALMA AVENUE,ATASCADERO,CA 93422 15177 EXPIRATION EFFECTIVE DATE STATE LICENSE NO. ACCT.NO, 15177 12/31/2008 5/13/2008 - - DATE PAID 5/13/2008 TYPE OF BUSINESS Business Services OUTTOWN $50.00 1161 DOROTHY ST ''- APPOUT $20.00 TOTAL $70.00 CONTACT(S) TRAVIS G HANSEN VA BUSINESS NAME HANSEN BRAS CUSTO,f1A'FARMI t> ATTN: TRAVIS G HANSEN FIRE DEPT. MAILING 1161 DOROTHY St. OCC: TAXES PAID IN ACCORDANCE WITH CITY .. ._ BUSINESS TAX ORDINANCE ADDRESS PASO ROBLES,CA 9344iG-3005.- CONST: CITY OF FIRE SPRINKLERS:. ATASCADERO NON-REFUNDABLE f ..