(5-2023) Project No. CP-5095
CONTRACT
CITY OF CAMARILLO
PUBLIC WORKS CONTRACT
This contract (“Contract”) is effective as of February 14, 2024, and is between the CITY OF CAMARILLO, a California general law city and municipal corporation (“City”), and Ardalan Construction Company, Inc., a California corporation (“Contractor”), collectively referred to as the “Parties.”
Section 1. R ecitals. This Contract is entered into with respect to the following facts:
1.1 City noticed and received bids for the work i nvolved in Dizdar Park R enovation and Expansion - Project No. CP-5095 (“Project”), which is more fully described in the Contract Documents.
1.2 The City Council o f City determined that Contractor was the lowest responsive bidder and awarded to Contractor the bid.
1.3 Contractor has represented it is qualified to perform all of the work required to complete the Project.
1.4 Contractor has agreed to perform all such work in the time and manner set forth in the Contract Documents.
1.5 The City Council of City has determined that the public interest, convenience and necessity require the execution of this Contract and its implementation.
Section 2. C ontract Documents . This Contract consists of the following documents (“Contract Documents”), all of which are made a part of this Contract:
2.1 No tice In viting Bids
2.2 Instructions to Bidders
2.3 Bid Proposal, as accepted, including the Certificate of Bidders’ Experience and Qualifications and the List of Subcontractors
2.4 Notice of Award
2.5 Notice to Proceed
2.6 This Contract
2.7 Verification of California Contractor’s License
2.8 Contractor’s Certificate Regarding Workers’ Compensation
2.9 Security for payment (labor and materials)
2.10 Security for performance
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2.11 Certificate(s) of Insurance
2.12 General Conditions/Specifications
2.13 Special Provisions
2.14 Plans and Standard Drawings
2.15 Pr evailing Wage Scales
2.16 S. S. P. W. C.
2.17 A ddenda Nos. #1 dated 11/28/2023, #2 dated 12/07/2023, #3 dated 12/18/2023
2.18 Other documents (list here)
Exhibit A – C ompensation
Exhibit B – Insurance
Section 3. The Work.
3.1 The work (“Work”) to be performed by Contractor is described in the Contract Documents.
3.2 In completing the Work, Contractor must employ, at a minimum, the applicable generally accepted professional standards of its industry in existence at the time of performance as utilized by persons engaging in similar work.
3.3 Except as spec ifically provided in the Contract Documents, Contractor must furnish, at its sole expense, all of the labor, materials, tools, equipment, services and transportation necessary to perform all of the Work.
3.4 Contractor must perform all of the Work in strict ac cordance with the Contract Documents.
Section 4. T
ime to Perform the Work.
4.1 Time is of the essence with respect to Contractor’s Work. Contractor agrees to diligently pursue performance of the Work within the time specified by the Contract Documents.
4.2 Contractor will be excused from any delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of terrorism, acts of federal, state or local governments, acts of City, cour t orders, fires, floods, epidemics, st rikes, embargoes, and unusually severe weather.
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4.3 If Contractor is delayed by any cause beyond Contractor’s control, City may, but is not required to, grant a time extension for the completion of the Work. If delay occurs, Contractor must notify City in writing within 48 hours of the cause and the extent of the delay and how such delay interferes with Contractor’s performance of the Work.
Section 5. C
ompensation and Payment.
5.1 Subject to any limitations provided in the Contract Documents, City agrees to pay Contractor as full consideration for the faithful performance of all of the Work the compensation set forth in Exhibit A (“Compensation”), which is made a part of this Contract.
5.2 C ontract or must furnish City with a Pay Estimate for the Work performed in accordance with the Contract Documents. Contractor may not submit a Pay Estimate more often than once every 30 days.
5.3 City will review each Pay Estimate and determine whether the Work performed is in acc ordance with the Contract D ocuments. The Director of Public Works (“Director”) m ay require Contractor to provide a release of all undisputed Contract amounts contained in the Pay Estimate.
5.4 If City disputes any item on a Pay Estimate , City will give Co ntractor notice stating the reasons for the dispute. The Parties will meet and confer in good faith to attempt to resolve the dispute.
5.5 Except as to any charges for the Work performed that City disputes and the City’s standard five-percent retention of the approved progress payment, City will cause Contractor to be paid within 30 days of the date of the invoice or the date that Contractor furnishes City with a release of all undisputed Contract amounts, whichever occurs later. Federally funded projects will n ot have a five- percent retention.
5.6 In the event there is any claim specifically excluded by Contractor from the operation of any release, City may retain an amount not to exceed the amount of the excluded claim.
Section 6. Labor Code and Prevailing Wage Requirements.
6.1 Contractor agrees to comply with the requirements of California Labor Code sections 1810 through 1815. E ight hours of labor constitutes a legal day’s work per Labor Code s ection 1810. Contractor will forfeit the sta tutory penalty to City for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code sections 1810 through 1815.
6.2 Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or CC Agreement No. 2024-4
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type of worker neede d to execute this Contract are available for download from the State website: http://www.dir.ca.gov/OPRL/dprewagedetermination.htm.
6.3 Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) When applicable, copies of the prevailing rate of per diem wages will be on file at City ’s Department of Public Works and available to Contractor and any other interested party upon request.
6.4 Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
6.5 Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor will forfeit the statutory penalty to City for each worker employed in the execution of the Contract by Contractor or any subcontractor f or each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
6.6 Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor i s responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in app renticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancest ry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.
6.7 Contractor has reviewed and agrees to comply with any app licable provisions for any public work subject to Department of Industrial Relations (DIR) Monitoring and Enforcement of prevailing wages, including the registration requirements of Labor Code Section 1771.1(a). City hereby notifies Contractor that Contractor is responsible for submitting certified payroll records directly to the State Compliance Monitoring Unit (CMU). For further information concerning compliance monitoring please visit the website location at:
http://www.dir.ca.gov/dlse/cmu/cmu.html.
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6.8 Contractor must comply with Labor Code section 1771.1(a), which provides that Contractor may award any contracts and subcontracts for work that qualifies as a “public work” only to subcontractors whi ch are at that time registered and qualified to perform public work pursuant to Labor Code S ection 1725.5.
Contractor must obtain proof of such registration from all such subcontractors.”
6.9 If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC §874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following).
Section 7. Non -Discrimination. Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as pr ovided under California Government Code section 12940. Contractor is responsible for compliance with this section.
Section 8. Gener
al Legal Compliance.
8.1 In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Camarillo Municipal Code.
8.2 Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor is exempt from any City encroachment permit fee pursuant to Camarillo Municipal Code Section 13.04.020.
8.3 Contractor must maintain a valid Cali fornia Contractor’s License throughout the term of this Contract.
Section 9. C layton and Cartwright Act Assignments. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any subcontractor will be deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwrig ht Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effecti ve at the time City t enders final payment to Contractor, without further acknowledgement by the Parties.
Section 10. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or CC Agreement No. 2024-4
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agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.
Section 11. I
ndemnification.
11.1 Contractor agrees to the fullest extent permitted by law to (1) immediately defend and (2) indemnify City from and against, any and all claims and liabilities, regardless of the nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or its officers, employees, agents, or subcontractors committed in performing any Work under this Contract or the failure to comply with any of the obligations of this Contract (collectively, “Claims”). The Claims subject to Contractor’s duties to defend and indemnify include, wit hout limitation, all claims, actions, causes of action, proceedings, suits, losses, damages, penalties, fines, judgments, liens, levies, and associated investigation and administrative expenses. Such Claims also include defense costs, including reasonabl e attorneys’ fees and disbursements, expert fees, court costs, and costs of alternative dispute resolution.
11.2 Contractor’s duty to defend is a separate and distinct obligation from Contractor’s duty to indemnify. Contractor is obligated to defend City in all legal, equitable, administrative, or special proceedings, with counsel approved by City , immediately upon tender to Contractor of the Claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the Claim does not relieve Contractor from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgm ent, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Contractor asserts that liability is caused in whole or in part by the negligence or willful misconduct of any City indemnified party. If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of any City indemnified party, then Contractor may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs in proport ion to the established comparative liability of the City indemnified party.
11.3 Contractor agrees that its defense and indemnification obligation under this section, includes the reasonable costs of attorneys’ fees incurred by the City Attorney’s office to monitor a nd consult with Contractor regarding the defense of any Claims, including providing direction with regard to strategy, preparation of pleadings, settlement discussions, and attendance at court hearings, mediations, or other litigation related appearances. C ity will use its bes t efforts to avoi d duplicative attorney work or appearances in order to keep defense costs to a reasonable minimum.
11.4 Contractor agrees that settlement of any Claim will require the consent of City .
City agrees that its consent will n ot be unreasonably withheld provided that Contractor is financially able (based on demonstrated assets) to fulfill its CC Agreement No. 2024-4
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obligation to indemnify City for the costs of any such settlement as required under this Contract.
11.5 Contractor’s obligation to indem nify City applies unless it is finally adjud icated that the liability was caused by the sole active negligence or sole willful misconduct of a City indemnified party. If a Claim is finally adjudicated and a determination made that liability was caused by the sol e active negligence or sole willful misconduct of a City indemnified party, then Contractor’s indemnification obligation will be reduced in proportion to the established comparative liability.
11.6 For the purposes of this section, “ City” includes City ’s officers, officials, employees and agents.
11.7 The provisions of this section will survive the expiration or earlier termination of this Agreement.
Section 12. I nsurance. Contractor agrees to have and maintain in full force and effect during the term of this Contract the insurance coverages listed in Exhibit B (“Insurance”), which is made a part of this Contract.
Section 13. Not ice.
13.1 All written notices required or permitted to be given under this Contract will be deemed made when received by the other Party at its respective address as follows:
To City: C ity of Camarillo
601 Carmen Drive
Camarillo, California 93010
Attention: James Campero
(Tel.) 805-388-5340
(Fax) 805-388-5387
E-Mail [email protected]
To Contractor: A
rdalan Construction Company, Inc.
8 E. Gainsborough Road
Thousand Oaks, CA 91360
Attention: Mozafar Ardalan
(Tel.) 805-496-7273
(Fax) 805-496-7311
E-M ail
13.2 Notice will be deemed effective on the date personally delivered or transmitted by facsimile or email. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities.
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13.3 Any Party may change its notice information by giving notice to the other Party in compliance with this section.
Section 14. City Rights of Termination and to Complete the Work.
14.1 The occurrence of any of the following is a default by Contractor under this Contract:
14.1.1 Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension.
14.1.2 Contractor fails to complete the Work on time.
14.1.3 Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency.
14.1.4 Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified.
14.1.5 Contractor fails to make prompt payment to any subcontractor or for material or labor.
14.1.6 Contractor fails to abide by any applicab le laws , ordinances or instructions of City in performing the Work.
14.1.7 Contractor breaches or fails to perform any obligation or duty under the Contract.
14.2 Upon the occurrence of a default by Contractor, City will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimi nation of such default are made, as determined by City , City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further paymen t, except for Work actually completed prior t o such termination in accordance with the provisions of the Contract Documents.
14.3 If the Engineer determines that the default should be cured in less than 10 days, then the written notice of default served on the Contractor will specify the shorter deadline for the Contractor to cure the default.
14.4 In event of a termination of the Contract, the City will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perfor m pursuant to this Contract; provided, however, that if the surety does not give City written notice of its intention to take over and perform this Contract within five days after service of the notice of termina tion or does not com mence performance within 10 days from the date of such notice, CC Agreement No. 2024-4
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City may take over the Work and prosecute the same to completion by c ontract or by any other method it may deem advisable for the account and at the expense of Contractor. Contractor and the s urety will be liab le to City for any and all excess costs or other damages incurred by City in completing the Work.
14.5 If City takes over the Work as provided in this Section, City may, without liability for so doing, take possession of, a nd utilize in completing the Wor k, suc h materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work.
14.6 If City takes over the Work, City may also take possession of outstanding materials on order for the completion of the project, upon payment to the vendor.
All excess costs incurred by City in obtaining such materials, will be the responsibility of the Contractor.
14.7 I f the Contractor does not cure a default within the time period required, then in lieu of terminating of the Contract, the City , in its sole discretion, may take action to cure the d efault and all costs incurred by City to cure the default will be deducted from any amount otherwise due to the Contractor.
Section 15. P roject Documents . All data, drawings , maps, models, notes, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole propert y of City. Upon the expiration or term ination of t his Contract, Contractor must turn over all original Project Documents to City in its possession, but may retain copies of any of the Project Documents it may desire.
Section 16. Gener
al Provisions.
16.1 Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
16.2 Assignment. Contractor may not assign this Contract without the pri or written consent of City, which consent may be withheld in City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.
16.3 Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties.
16.4 Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract.
16.5 Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and appr oved by Contractor and by the City CC Agreement No. 2024-4
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Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.
16.6 E lectronic Signatures; Counterparts. This Con tract and any amendment will be considered executed when the signature page of a party is delivered by electronic transmission. Such electronic signatures will have t he same effect as an original signature. The Contract may be executed in multiple counterparts.
16.7 Waiver. Waiver by any Party of any term, condition, or covenant of this C ontract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
16.8 Interpretation. This Contract will be interpreted, construed and gover ned according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accor dance with its fair meaning. It will not be interpreted strictly for or against either party.
16.9 S everability. If any term, condition or covenant of this Contract is de clared or determined by any court of competent juri sdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision.
16.10 Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Ventura. In the event of litigation in a U.S. District Cour t, venue will be in the Central District of California, in Los Angeles. [Signatures on the following page.]
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The Parties have caused this Contract to be executed by their undersigned authorized agents as follows:
CITY OF CAMARILLO
Greg Ramirez, City Manager
ATTEST:
Kristy Buxkemper, City Clerk
ARDALAN CONSTRUCTION COMPANY, INC., a California corporation
Mozafar Ardalan, President
Lea McLaughlin, Secretary
_ __________________________________ _ ________ Camarillo Business Tax Certificate Number Expiration Date
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A-1
EXHIBIT A
COMPENSATION
The total compensation under this Contract will not exceed:
A
LTERNATE 1
If a Lump Sum Bid: “The sum of $ N/ A .”
ALTERNATE 2
If a Unit Pri ce Bid: “The total unit pr ices set forth in the bid and the actual measured quantities utilized for the Project as determined by the Director.” ALTERNATE 3
If both Lump Sum and Unit Price Bid: “ The sum of $6,431,685.80, and the amount due based upon the unit prices set forth i n the bid and the actual measured quantities utilized for the Project as determined by the Director.” CC Agreement No. 2024-4
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EXHIBIT B
INSURANCE
1. General Requirements. Contractor must procure and maintain in full f orce and effect during the term of this Contract the followin g types of ins urance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Li mits (combined single)
Commercial General Liability $3 ,000,000 / $6,000,000 Aggregate Pollution Liability $1,000,000
Business Automobile Liability $2 ,000,000
Workers’ Compensation Statutory Requirements
2. Commercial General Liability Insurance. This pol icy must meet or exceed the requirements of Insurance Services Office (ISO) CGL Form No. CG 00 01. The amount of insurance se t forth above will be a combined single limit per occurrence f or bodily injury, personal injury, and property damage for the policy coverage . The insurance must be on an “occurrence” not a “claims -made” basis. D efense costs must be paid in addition to limits. There must be no c ross-liability exclusion for claims o r suits by one insured against another.
Liability policies must be en dorsed to name City , its officials, employees and agents as “ additional i nsureds” under the insurance coverage. The Additional Insured Endorsement form must be provided.
The policy must state that such insurance will be deemed “primary” such that any o t her insurance that may be carried by City will be deeme d “exc ess” to th at of Contractor.
This endorsement must be reflected on ISO Form No. CG 20 01 , or equivalent form as determined by City . Primary and Noncontributory and Waiver of Subrogation Endorsement forms must be provided.
Coverage must be applicable to City for injury to employees of Contractor, subcontractors, agents or others performing any part of the Work required under this Contract. Each policy must be endorsed to provide a separate limit applicable to this Project.
The Commercial General Liability policy mus t not contain any endorsement s limit ing coverage beyond the basic policy coverage for any of the following:
1. Explosion, collapse or underground hazard (XCU);
2. Products and completed operation;
3. Pollution liability; or
4. Contractual liability.
3. Pollution Liability Insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this agreement CC Agreement No. 2024-4
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shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the material, supplies, products, work, operations, or workmanship.
4. Business Auto Coverage. This policy must be on ISO Business Auto Coverage Form CA 00 01 including symbol 1 (Any Auto) and Endorsement CA 0025, or equivalent forms approved in writing by City . If Contractor neither leases nor owns vehicles, this requirement may be satisfied by a non- owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contr actor must provide evidence of personal auto liability coverage for each such person. Additional Insured, Primary and Noncontributory, and Waiver of Subrogation Endorsement forms must be provided.
5. Workers Compensation. Contractor must have a State of California approved policy form providing the statutory benefits r equired by law with employer’s l iability, or Contractor must provide evidence of an approved self -insurance program. Waiver of Subrogation Endorsement form must be provided.
6. Other Insurance; Revisions to I nsurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by City. City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor 60 days advance written notice of such change.
If such change res ults in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor’s compensation.
7. Acceptable Insurers. All required insurance poli cies must be issued by an insurance company currently authorized by the California Insurance Commissioner to transact the business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size C ategory Class VII (or larger ) in accordance w ith the latest edition of Best’s Key Rating Guide, unle ss otherwise approved by the City ’s Risk Manager.
8. Excess or Umbrella Liability Insurance (Over Primary). If a n excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop- down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay-on-behalf” basis, with defense costs payable in addition to policy limits. There may be no cross -liability excl usion precluding coverage for claims or suits by one insured against another. Cov erage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Co ntract. The scope of coverage provided is s ubject to approval of City following receipt of p roof of insurance as required herein. Additional Insured, Primary and Noncontributory, and Waiver of Subrogation E ndorsement forms must be provided.
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9. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor m ust file with the City Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificat es of Insurance and E ndorsements must be in a for m approved by City’s Attorney. Contract or must maintain c urrent certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no m aterial change in the policy, or termination thereof, will be effective except upon 30 days’ prior written notice to City.
10. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to hav e in place at all times during the term of this Contract all of the required insurance coverage, City may , in addition to any other available remedies, (a) obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor , (b ) make a claim against the Contractor’s surety, or (c) terminate the Contract.
11. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract.
12. High er Limits of Insurance. If Contractor maintains higher limits of insurance than the required amounts shown in Section 1 above, then such amounts will be the minimum required under this Agreement.
.
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VERIFICATION OF CALIFORNIA
CONTR AC TOR’S LICENSE
I certify, und er penalty of pe rjury, t hat I have a valid California Contractor’s license issued pursuant to Business and Professions Code section 7000 and following, and was so licensed at the time that the bid was awarded:
California Contractor’s License:
893121 A & B 03/31/2025 License Number Class Expiration Date
Mozafar Ardalan
CONTRACTOR (PRINT OR TYPE)
Date Signature
(Public Contract Code § 6100)
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CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 of the Labo r Code which requi re every employer to be insure d against liability for workers’ compe nsation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provision s before commencing the performance of the work of this contract.
Mozafar Ardalan
Name (print or type)
Date Signature
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