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HomeMy WebLinkAbout2013-005 Hansen Amendment to 2009-006 �_ City of Atascadero �r Travis Hansen, dba Hansen Bros Custom Farminge� t AMENDMENT TO CONTRACTOR SERVICES AGREEMENT FOR THE CITY OF ATASCADERO Travis Hansen, dba Hansen Bros Custom Farming This document is an amendment to the contract 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 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 December 31, 2013. 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 1-0 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 his 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. 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. 4 City of Atascadero Travis Hansen, dba Hansen Bros Custom Farming 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 C ity. 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. 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 parties, including the non-releasing 5 City of Atascadero Travis Hansen, dba Hansen Bros Custom Farming party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERK!"10N. 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. 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. 6 City of Atascaderc, ' Travis Hansen, dba Hansen Bros Custom Farmingi _ 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. 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 7 City of Atascadero, Travis Hansen, .'.. . C dba Hansen Bros Custom Farming 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. 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 / NO PREFERENTIAL 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.), 8 City of Atascadero Travis Hansen, 6n A A r-C dba Hansen Bros Custom Farming LA 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. 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. 9 City of Atascadero Travis Hansen, dba Hansen Bros Custom Farming I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. J. NO TICES. 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 El 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. 10 City of Atascadero Travis Hansen, dba Hansen Bros Custom Farming —01111 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 2013 by the parties as follows. Approved as to form: TRAVIS HA SEN dba HANSEN BRCS CUSTOM FARMING 114 By:�12 Counsel for contractor Travis Hansen, owner dba Hansen Bros Custom Farming Approved as to form: CITY OF ATASCADERO By: By: Effia"TT<. Pferik, City Attorney Wade f XcR-ih n"e"y City Manager City of Atascadero Travis Hansen, 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 requires 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 or otherwise directed by the Atascadero City Fire Chief. Calculated worksheets are to be submitted to the Fire Department's Administrative Assistant by fiscal year. The due dates of the calculated worksheets are time sensitive as listed below and must be adhered to: 2008-2009 (June 1-30, 2009) Due: July 1, 2009 2009-2010 (July 1-13, 2009) Due: July 20, 2009 2009-2010 (June 1-30, 2010) Due: July 1, 2010 2010-2011 (July 1-13, 2010) Due: July 20, 2010 2010-2011 (June 1-30, 2011) Due: July 1, 2011 2011-2012 (July 1-13, 2011) Due: July 20, 2011 2011-2012 (June 1-30, 2012) Due: July 1, 2012 2012-2013 (July 1-13, 2012) Due: July 20, 2012 2012-2013 (June 1-30, 2013) Due: July 1, 2013 2013-2014 (July 1-13, 2013) Due: July 20, 2013 Year-round abatements are paid by calculated worksheets and invoices for each contract year. Weed Abatement to be completed no later than the 20th of July of each year, 13 EXHIBIT B Compensation and Method of Payment Calculated worksheets detailing the work performed shall be submitted to the Fire Department's Administrative Assistant and the contractor shall be compensated at the following rates for work performed: Vescriptionof Work Cost 11.€a9t Of.oSt Tractor Mowing 40.50 per 1/2 hour Hand Work(4-person weed eater crew) 60,00 per 1/2 hour Hauling Small to Medium Load 4S.00 +reimbursment of landfill charges per load (including green waste,wood waste, appliances without f reon, mattresses and couches) Hauling Large Load $ 60.00 +reimbursmentof landfill charges per load (including green waste,wood waste, appliances without f reon, mattresses and couches) Hauling Loads over 2.8 Cubic Yards $ 90.00 +reimbursment of landfill charges per load (including green waste,wood waste, appi i ances without f reon, mattresses and couches) Hauling Appliance with Freon $ 40.00 +rei mbursment of landfill charges per load Tires 2 times rate charged by Chicago Grade Landfill pertire Effective May 1, 2010 and annually each May 1st thereafter throughout the life of the contract, the compensation amount for tractor mowing and for handwork will be increased by the corresponding annual increase in the April Los Angeles-Riverside- Orange County Consumer Price Index for all Urban Consumers, In the event of an annual decrease in the index, prices for tractor mowing and hand work will remain fixed at the rate in effect on April 30th. All other rates will remain fixed throughout the life of the contract. The contractor will be responsible for paying all fees associated with hauling waste to the landfill. The City will then reimburse these costs when the original receipt is attached to the corresponding parcel worksheet. Reimbursement of landfill direct costs will be reimbursed at the actual rates charged by the landfill on the date of the hauling. 14 EXHIBIT C Items Provided by City 1. [dap Book 2. Work Orders 3. GPS Unit 4. City 1.D. 15 EXHIBIT D Location Schedule Various parcels within the City of Atascadero 16 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 17 reduce or eliminate such deductibles or self-insured retentions with respect to 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. 18 CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYYY) �--� 3/5/2013 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(les) 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 NAME CT Catherine Borg Ted Hamm Insurance PHONE (805)238--1818 AC No:(605)238-5234 1503 Park Street St 1 E-MAIL ADDRESS:cathY @tedhamminsurance.com ENSURERS AFFORDING COVERAGE NAIC# Paso Robles CA 93446 €NSURERA:Golden Eagle Insurance 10836 INSURED INSURER B; Travis Hansen INSURER C: 1161 Dorothy street INSURER D: INSURER E Paso Robles CA 93446 INSURER F: COVERAGES CERTIFICATE NUMBER CL133503140 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. lLTRR TYPE OF INSURANCE DLSUBR POLICY NUMBER POLICY M UDIYEYYY MMIDUIYYXYPY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY AMA E T RENTS PREMISES Ea occurrence $ 100,000 A CLAIMS-MADE OCCUR X 3169547 /13/2013 /13/2014 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY Ee BINEDD 8INGLE LIMIT 1,000,000 A ANY AUTO BODILY INJURY(Per person) $ ALL OWNEDX SCHEDULED eracc 222145 /13/2013 /13/2014 BODILYINJURY(Pident $ AUTOS AUTOS ) X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ Uninsured/Underinsured $ 1,000,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LAB CLAIMS-MADE AGGREGATE $�-� DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- I JOTH- AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Atascadero ACCORDANCE WITH THE POLICY PROVISIONS. 6005 Lewis Ave Atascadero, CA 93422 AUTHORIZED REPRESENTATIVE Catherine Borg/CATHY Iff ACORD 25(2010106) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(9n1nn,,)ni The Ar`r%0f1 Hams.and Innn arc rcni¢fcrcA m�rlrc ng Ar'n0n B \ t . E1918 _t� � 197'8 of Atasca.dero Fire .Department MEMORANDUM DATE, April 30, 2012 TO: Lori Brickey Administrative Services FROM: Ellen Perkins Atascadero Fire Dept RE: Bid Summary for the Weed Abatement Contract Award This memo is regarding the Bid Summary attached to the Purchase Order for the City's Fiscal Year 2012-2013 for Weed Abatement services. Although Littlejohn's Landscaping had the lowest bid, his equipment inventory-did not meet contract requirements. He was disqualified from the bidding process. As a result of that disqualification, Travis Hansen, dba Hansen Bros Custom Farming won the Bid for the 5-year contract for Weed Abatement, with the lowest bid. 6005 LEWIS AVENUE- ATASCADERn. CA 93422 -(805) 461-5070 -FAX (805) 466- k, ury ofAtascadero Office of'the City Clerk BID SUMMARY TO: Fire Department FROM: Marcia Torgerson, City Clerk 1311) NO.: 2008-002 OPENED: Monday April 21,2008 PROTECT: Weed Abatement Bids were received and opened today,as follows: Bidder Total Bid Price TRACTOR HANDWORK 1. Littlejohn's Landscaping $20.00/half hr $40.00/half hr 2. .lack Bridwell $50.00/half hr $100.00/half hr I Hansen Bros. $48. 0/half hr $69. 0/half hr 4. $ 5. $ e f`,'C fry eq. •n�.r�U•�~�