HomeMy WebLinkAboutContracts & Agreements_184-2006_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this I st day of August, 2006, by and between the City
of Redlands, a municipal corporation ("City"), and The Garland Company, Inc. ("Contractor"). City and
Contractor are individually sometimes referred to herein as a"Party," and together as the"Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE 1 - ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to remove and replace the roof on the house owned by City and
located at 11126 Iowa Street, Redlands, California(the"Project").
1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required
for the work to be performed in connection with the Project, and shall not be debarred pursuant
to Labor Code sections 1777.1 and 1777.7.
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2.1 The Project which Contractor shall perform is more particularly described in Exhibit "A," which
is attached hereto and incorporated herein by this reference.
2.2 Contractor shall comply with all applicable Federal, State and local laws and regulations in the
performance of the Project including,but not limited, to all applicable Labor Code and prevailing
wage laws commencing at Labor Code section 1770 et seq. and non-discrimination laws,
including the Americans' with Disabilities Act. Pursuant to Labor Code section 1773.2, copies
of the prevailing rates of per them wages as determined by the Director of the California
Department of Industrial Relations for each craft, classification or type of worker needed to
undertake the Project are on file at City's Administrative Services Department, located at the
Civic Center, 35 Cajon Street, Suite 10 (P.O. Box. 3005 mailing), Redlands, California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wage, that City may enforce such provisions by withholding contract payments to Contractor or
its subcontractors pursuant to Labor Code section 1771.6.
2.4 Contractor agrees that if it executes an agreement with a subcontractor to perform work on the
Project that Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775,
1776, 1777.5, 1.813 and 1815. Contractor acknowledges that the statutory provisions
establishing penalties for failure to comply with state wage and hour laws and to pay prevailing
wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
regarding payroll records maintenance, certifications, retention and inspection.
DJM Agree Garland Company Iowa
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships,
and Labor Code sections 1771, 1775, 1776, 1777.5 1813 and 1815.
2.8 Contractor shall obtain, execute and deliver to City a Labor and Materials Payment Bond,
pursuant to Civil Code section 3247, in the form attached hereto as Exhibit "B."
ARTICLE 3 - PERIOD OF SERVICE
3.1 Contractor shall commence the Project upon City's delivery to Contractor of a written "Notice to
Proceed," and Contractor shall complete the Project in a prompt and diligent manner.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Nineteen Thousand Two Hundred Sixty One Dollars
$19,261.00 as complete compensation for the work Contractor performs on the Project.
4.2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and
approval of Contractor's invoice,by warrant payable to Contractor.
4.3 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices
sent by mail shall be addressed as follows:
City:
Marjie Pettus
Administrative Services
City of Redlands
PO Box 3005
Redlands, CA 92373
Contractor:
The Garland Company, Inc.
Attention: Mike Kocicka
28350 Mayfair Drive
Valencia, CA 91354
When so addressed, such notices shall be deemed given upon deposit in the United States mail;
in all other instances, notices, bills and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to who notices, bills
and payments are to be given by giving notice pursuant to this section 4.3.
DJM Agree Garland Company Iowa
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 Contractor's Insurance to be Primary. All insurance required by this Agreement shall be
maintained by Contractor for the duration of the Project, and shall be primary with respect to
City and non-contributing to any insurance or self-insurance maintained by City.
5.2 Workers' Compensation and Employer's Liability
A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance for its employees throughout the duration of the Project pursuant to Labor
Code sections 3700 and 1860, in an amount which meets statutory requirements, with an
insurance carrier acceptable to City. The insurance policy shall include a provision
prohibiting the policy's modification or cancellation except upon thirty (30) days prior
written notice to City. Contractor shall execute and deliver to City a Worker's
Compensation Insurance Certification in the form attached hereto as Exhibit "C" prior to
commencement of the Project.
B. Contractor expressly waives all rights to subrogation against City and its elected officials,
officers and employees, for losses arising from work performed by Contractor on the
Project by expressly waiving Contractor's immunity for injuries to Contractor's
employees. Contractor agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by, or on behalf of, any
employee of Contractor. This waiver is mutually negotiated by the Parties. This
subsection shall not apply to any damage resulting from the sole negligence of City, its
agents and employees. To the extent any of the damages referenced herein were caused
by or resulted from the concurrent negligence of City, its agents or employees, the
obligations provided herein to indemnify, defend and hold harmless are valid and
enforceable only to the extent of the negligence of Contractor, its officers, employees and
agents.
5.3 Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City
and its elected officials, employees and agents from and against any and all claims, losses and
liability, including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any act or omission of Contractor, and its officers, employees and agents, in
performing the Project.
5.4 Assignment. Contractor is expressly prohibited from assigning any of the work associated with
the Project without the express prior written consent of City. In the event of mutual agreement
by the Parties to assign a portion of the Project, Contractor shall add the assignee as an additional
insured to its insurance policies and provide City with the insurance endorsements prior to any
work being performed by the assignee. Assignment does not include printing or other customary
reimbursable expenses that may be provided in this Agreement.
DJM Agree Garland Company fowa
5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force
throughout the duration of the Project comprehensive general liability insurance, with carriers
acceptable to City, with minimum coverage of One Million Dollars ($1,000,000) per occurrence
and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and
personal injury. City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting its modification or cancellation except upon thirty(30) days prior
written notice to City. Such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered
to City prior to commencement of the Project.
5.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage, with
minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for
bodily injury liability and property damage liability. This coverage shall include all consultant
owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership
vehicles. City shall be named as an additional insured and a certificate of insurance shall be
delivered to City prior to commencement of the Project.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of
this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to
recover its reasonable attorneys' fees, including fees for in-house counsel of the Parties at rates
prevailing in San Bernardino County, California.
6.2 All documents, records, drawings, electronic data files and data base, photographic prints and
negatives, designs and specifications, cost estimates, and other Project documents developed by
Contractor for the Project shall become the property of City and shall be delivered to City upon
completion of the Project.
6.3 Contractor and City agree that Contractor is, for all purposes under this Agreement, an
independent contractor with respect to the Project and not an employee of City. All personnel
employed by Contractor to perform the Project are for its account only, and in no event shall
Contractor or any personnel retained by it be deemed to have been employed by City or engaged
by City for the account of, or on behalf of, City. Nothing in this Agreement shall be considered
to create the relationship of employer and employee between the Parties.
6.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion
and acceptance of the Project by City,
6.5 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Project and (2) deliver or otherwise make available to City, copies of any
data, design calculations. drawings, specifications, reports, estimates, summaries, and such other
information and materials as may have been accumulated by Contractor in performing the
WMAgree6arlandCompany Iowa
Project. Contractor shall be compensated on a pro-rata basis for any work completed up until
notice of termination.
6.6 This Agreement, including the attachments incorporated herein by reference, represents the
entire agreement and understanding between the parties as to the matters contained herein and
any prior negotiations, proposals and verbal agreements relating to the subject matter hereof are
superseded by this Agreement. Any amendment to this Agreement shall be in writing and
approved by the City Council of City and signed by City and Contractor.
6.7 This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of
this Agreement.
CITY OF REDLANDS ATTEST:
By
JtyfiHarrison, Mayor City Jerk
THE GARLAND COMPANY, INC.
--7 Z
B Date
Mike K,064, Territory Manager
DMAgree Garland Company Iowa
Exhibit A
City of Redlands
Shingle Roofing Specification
ROOFING SPECIFICATION
PART GENERAL
1.01 GENERAL REQUIREMENTS
A. DEVIATIONS. In the event this Specification deviates from the manufacturer's current
specification, this specification prevails, except where they conflict with the manufacturer's
requirements for the specified guarantee. In this case, the manufacturer's specification
prevails.
B. SPECIFICATION AMENDMENTS. Drawings, addenda and modifications may be issued
subsequent to the printing of this Specification. Ascertain that such amendments to this
Specification are workable alterations.
C. CONTRACTOR ACCEPTANCE. Prior to the project start, ascertain that all aspects of this
Specification and possible modifications are workable and do not conflict with the
manufacturer's requirements for the specified guarantee. Upon commencement of the work,
it will be presumed that this Specification and drawings, addenda and modifications are
satisfactory to both the Contractor and the manufacturer in their entirety.
D. SUPPLIED MATERIALS. Supply all materials of the roofing system, including accessory
products. The bidding Contractor, by making his bid, represents that his bid price is based
on the use of the materials listed in Part 2 Products, Refer to Part 1.03 Description of Work
for specific use within each roofing assembly outlined.
1.02 REFERENCE STANDARDS
References in these specifications to standards, test methods, codes etc., are implied to mean the
latest edition of each such standard adopted. The following is an abbreviated list of associations,
institutions, and societies which may be used as references throughout these specifications.
ASTM American Society for Testing and Materials
Philadelphia, PA (215) 299-5585
FM Factory Mutual Engineering and Research
Norwood, MA (617) 762-4300
NRCA National Roofing Contractors Association
Rosemont, IL (847) 299-9070
OSHA Occupational Safety and Health Administrations
P-13-230 page-1 Roofing Specification
Washington, DC (202) 523-1452
SMACNA Sheet Metal and Air Conditioning Contractors National Association
Chantilly, VA (703) 803-2980
UL Underwriters Laboratories
Northbrook, IL (708) 272-8800
1.03 DESCRIPTIONOFWORK
The basic work descriptions (components, layering and attachment methods) required in this
specification are referenced below.
CONFIGURATION #1
PROJECT TYPE: Tear-off
DECK: Plywood
SLOPE: 3" or greater
BASE SHEET: 30 pound ASTM Felt
ROOF SYSTEM: 30 —year limited laminated shingle, type GAF —slate blend
RELATED WORK
A. GUTTERS. The existing gutter components may be reused provided that the components
are in good condition. Fabricate and install new gutter components to replace existing if
damaged.
B. WOOD DAMAGE. Replace any damaged or deteriorated fascia to match existing and/or
plywood deck.
1.04 QUALITY ASSURANCE
A. ACCEPTABLE PRODUCTS. Primary roofing products, including each type of sheet, all
manufactured in the United States, shall be supplied by a single manufacturer which has
been successfully producing the specified types of primary products for not less than 10
years. The primary roofing products shall have maintained a consistent composition for a
minimum of five years.
B. PRODUCT QUALITY ASSURANCE PROGRAM. Primary roofing materials shall be
manufactured under a quality control/quality assurance program that is monitored regularly
by a third party auditor such as the ISO 9002 audit process. A certificate of analysis for
reporting/confirming the tested values of the actual material being supplied for the project
will be required prior to project close-out.
C. AGENCY APPROVALS. The proposed roof system shall conform to the following
requirements. No other testing agency approvals will be accepted.
P-13-230 page-2 Roofing Specification
1. International Conference of Building Officials (ICBG) approval of the proposed roof
system
D. ACCEPTABLE CONTRACTOR. Contractor shall have a minimum of 2 years experience in
successfully installing the same or similar roofing materials and be certified in writing by the
roofing materials manufacturer to install the primary roofing products.
E. SCOPE OF WORK. The work to be performed under this specification shall include but is
not limited to the following: Attend necessary job meetings and furnish competent and full
time supervision, experienced roof mechanics, all materials, tools, and equipment necessary
to complete, in an acceptable manner, the roof installation in accordance with this
specification. Comply with the latest written application instructions of the manufacturer of
the primary roofing products. In addition, application practice shall comply with
requirements and recommendations contained in the latest edition of the Handbook of
Accepted Roofing Knowledge (HARK) as published by the National Roofing Contractor's
Association, amended to include the acceptance of a phased roof system installation.
F. LOCAL REGULATIONS. Conform to regulations of public agencies, including any specific
requirements of the city and/or state of jurisdiction.
G. MANUFACTURER REQUIREMENTS. Ensure that the primary roofing materials
manufacturer provides direct trained company personnel to attend necessary job meetings,
perform periodic inspections as necessary, and conducts a final inspection upon successful
completion of the project.
1.05 PRODUCT DELIVERY STORAGE AND HANDLING
A. DELIVERY. Deliver materials in the manufacturer's original sealed and labeled containers
and in quantities required to allow continuity of application.
B. STORAGE. Store materials out of direct exposure to the elements. Store roll goods on a
clean, flat and dry surface. All material stored on the roof overnight shall be stored on
pallets. Rolls of roofing must be stored on ends. Store materials on the roof in a manner so
as to preclude overloading of deck and building structure. Store materials such as solvents,
adhesives and asphalt cutback products away from open flames, sparks or excessive heat.
Cover all material using a breathable cover such as a canvas. Polyethylene or other non-
breathable plastic coverings are not acceptable.
C. HANDLING. Handle all materials in such a manner as to preclude damage and
contamination with moisture or foreign matter. Handle rolled goods to prevent damage to
edges or ends.
D. DAMAGED MATERIAL. Any materials that are found to be damaged or stored in any
manner other than stated above will be automatically rejected, removed and replaced at the
Contractors expense.
1.07 PROJECT/SITE CONDITIONS
A. REQUIREMENTS PRIOR TO JOB START
P-13-230 page-3 Roofing Specification
1. NOTIFICATION. Give a minimum of 5 days notice to the Owner and manufacturer prior
to commencing any work and notify both parties on a daily basis of any change in work
schedule.
2. PERMITS. Obtain all permits required by local agencies and pay all fees which may be
required for the performance of the work.
3. SAFETY. Familiarize every member of the application crew with all fire and safety
regulations recommended by OSHA, NRCA and other industry or local governmental
groups.
B. ENVIRONMENTAL REQUIREMENTS
1. PRECIPITATION: Do not apply roofing materials during precipitation or in the event
there is a probability of precipitation during application. Take adequate precautions to
ensure that materials, applied roofing, and building interiors are protected from possible
moisture damage or contamination.
C. PROTECTION REQUIREMENTS
1. MEMBRANE PROTECTION. Provide protection against staining and mechanical
damage for newly applied roofing and adjacent surfaces throughout this project.
2. LIMITED ACCESS. Prevent access by the public to materials, tools and equipment
during the course of the project.
3. DEBRIS REMOVAL. Remove all debris daily from the project site and take to a legal
dumping area authorized to receive such materials.
4. SITE CONDITION. Complete, to the owner's satisfaction, all job site clean-up including
building interior, exterior and landscaping where affected by the construction.
5. ASBESTOS CONTAINING ROOFING MATERIALS - REMOVAL. Remove and dispose
of any and all asbestos materials including asbestos containing roof materials (ACRM) in
a manner which creates no hazard to the workers, the building occupants, or the
environment. Follow local, state and federal laws, codes and ordinances during
handling, demolition, removal and dumping of ACRM. Provide permits and certification
letters in order to comply with all local, state and federal regulations pertaining to this
project.
PART PRODUCTS
2.01 ROOFING SYSTEM ASSEMBLY/PRODUCTS
A. BASE SHEET
1. 30 pound ASTM asphalt coated felt.
2.02 DESCRIPTION OF SYSTEMS
A. SHINGLE ROOFING ASSEMBLY. 30—year laminate shingles, Type GAF Slate Blend
P-13-230 page-4 Roofing Specification
2.03 ROOFING ACCESSORIES
A. BITUMINOUS CUTBACK MATERIALS
1. PRIMER. A high flash, quick drying, asphalt solvent blend which meets or exceeds
ASTM D 41 requirements.
2. MASTICS. An asphalt cutback mastic, reinforced with non-asbestos fibers, used as a
base for setting metal flanges conforming to ASTM D 4586 Type 11 requirements.
B. CAULKING/SEALANTS. A single component, high performance, elastomeric sealant
conforming to ASTM D 232 or ASTM C 920.
C. FASTENERS
1. SHINGLE & FLASHINGS, Nails must be 12 gauge with 3/8" head and must be
of sufficient length to penetrate through the roof deck or into the deck a minimum
W. No staples are accepted.
2.04 RELATED COMPONENTS
A. ROUGH CARPENTRY. Lumber used for nailers, curbs, cants, etc., shall be No. 2 kiln dried
(19% maximum moisture content after treatment), grade marked, and surfaced on four
sides. Lumber shall be salt treated with Wolman Salts (wood shall retain 0.25 lbs. dry salt
per cubic foot of wood) or an approved equal.
B. FABRICATED METAL. Fabricate all metal components to be used in conjunction with the
roof system using min 26 gauge galvanized steel, meeting ASTM A-526 specifications.
1. METAL EDGE/FASCIA. Fabricate metal edge/fascia incorporating a 4 inch perimeter
flange. The fascia shall be of sufficient width to adequately cover the roof assembly/wall
juncture. The bottom edge of the fascia shall have a minimum 1/4 inch drip edge.
2. METAL PIPE FLASHINGS. Fabricate metal pipe flashings in a two-component
assembly in accordance with the following:
- The first component shall be a metal roof jack having a minimum 4 inch perimeter
flange, and a sleeve opening to fit closely around the penetration without forcing,
with a minimum 6 inch height. Fasten and solder metal laps.
- The second component shall be a metal, water tight umbrella, fabricated to be
mechanically secured tightly around the roof penetration and extend beyond the roof
jack opening by a minimum radius of 3 inches. Caulk top edge of the watertight
umbrella using an approved sealant.
PART 3 EXECUTION
3.01 FIELD QUALITY CONTROL
A. PRE-JOB CONFERENCE. Conduct a pre-job conference to include the designer, Owner,
roofing Contractor and manufacturers representative prior to application of roofing.
P-13-230 page-5 Roofing Specification
B. FOREMEN. Provide the roofing foreman with a copy of these specifications to be available
at the job site at all times. The presence of specifications and an inspector shall not relieve
the Contractor of strict compliance with the manufacturers specifications, detail drawings,
and/or approved material requirements.
C. DECK PENETRATIONS. Verify that work penetrating the roof deck, or which may otherwise
affect the roofing application, has been properly completed.
3.02 PREPARATION
A. GENERAL. Sweep or vacuum all surfaces, removing all loose aggregate and foreign
substances prior to commencement of roofing.
B. REMOVE ALL EXISTING:
- Roof membrane
- Base flashings
- Edge metal
- Flanged metal flashings
C. DAMAGED AND/OR DETERIORATED DECK. Inspect decking; make necessary repairs or
replace sections of deck that cannot be repaired. Submit a unit price for replacement of
sections of roof deck.
3.03 SUBSTRATE REQUIREMENTS
A. ROOF DECKS. Structural roof decks should properly provide sufficient strength to support
anticipated dead and live loads and normal construction traffic without excessive deflection
or movement. All openings, walls or projections through the roof deck should be completed
before application of the roof membrane is begun. The deck should be constructed and
necessary deck repairs made according to the deck manufacturer's specifications following
best established practices.
1. PLYWOOD SHEATHING PANELS. Plywood panel roof sheathing decks should be
designed and fabricated in accordance with recommendations of the American Plywood
Association. Each panel should have a minimum thickness of fifteen thirty/seconds
(15/32) inches and should be identified with the appropriate APA trademark. Each panel
should meet the requirements of the latest edition of the U.S. Product Standard PS-1 for
Construction and Industrial Plywood, or APA PRP-108 Performance Standards. The
panels should always be installed with the long dimension or strength axis of the panel
across and with panels continuous over two or more spans. Suitable edge support
should be provided according to APA recommendations by use of panel clips, tongue-
and-groove edges, or lumber blocking between joists. Panel end joints should occur
over framing. Allow 1/8" spacing at ends and edges, unless otherwise recommended by
the panel manufacturer. Nail 6" o/c along supported panel edges and 12" o.c. at
intermediate supports, except that when supports are spaced 48" o.c. or more; space
nails 6" o.c. at all supports. Use 6d common nails for fifteen thirty-seconds 15/32"
panels and 8d for greater thicknesses. When panels are 1-1/8" or greater, use 8d
ringshank or 10d common.
3.04 SUBSTRATE PREPARATION
P-13-230 page-6 Roofing Specification
A. BASE SHEET. Lay one layer of 30 pound felt parallel to eaves, lapping a minimum of 2
inches on sides 6 " on ends. Nail only sufficiently to hold sheets into place.
3.05 ROOF MEMBRANE INSTALLATION - GENERAL
A. SHINGLE APPLICATION. Apply roofing in accordance with roofing system manufacturer's
instructions and the following requirements. Application of shingles shall immediately follow
application of base felt as a continuous operation.
B. AESTHETIC CONSIDERATIONS. An aesthetically pleasing overall appearance of the
finished roof application is a standard requirement for this project. Make necessary
preparations, utilize recommended application techniques, apply the specified materials
and exercise care in ensuring that the finished application is acceptable to the Owner.
C. BITUMEN CONSISTENCY. Cutting or alterations of bitumen, primer, and sealants will not
be permitted.
D. SHINGLE APPLICATION. Apply starter strip on edge metal extending 1/4" - 3/8" past the
edge metal secure with nails. Install first course directly over starter course. Nail with 4
fasteners per shingle (6 in high wind areas). Cut off 5-5/8" from outside of second course
and 5 5/8"from the bottom of first course continue up the roof.
E. APPLICATION DETAILS. For shingle and underlayment details refer to the detail drawings
at the rear off this specification and follow GAF manufacturer's requirements for slope, wind
and snow conditions.
P-13-230 page-7 Roofing Specification
Exhibit "B"
PAYMENT BOND
WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and
(hereinafter designated as "Principal") have entered into an agreement whereby
Principal agrees to install and complete certain designated public improvements,which by said agreement dated
2006,and identified as Contract No. ,is hereby referred to and made a part hereof-,and
WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to
furnish a good and sufficient labor and materials payment bond with the City to secure the claims to which reference is made
in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California.
NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City and
all contractors, subcontractors, laborers, materialmen, and any other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Civil Code of the State of California in the sum of
dollars ($ ) for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not
exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay,in addition to the face
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in
the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement
or to the work to be performed thereunder or the specifications accompanying the same shall in agnosia affect its obligations
on this bond,and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the
agreement or to the work or to the specifications.
IN WITNESS WHEREOF,this instrument has been duly executed by the Principal and surety named,
on 2006. Bond No.
(SEAL) (SE.4L)
Principal Surety
Bv: By:
Signature Signature
Address:
WMAgree,Garland(ornpany Iowa
(Notarial Acknowledgments of Principal and Surety) Telephone:
Exhibit "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Contract No.
Every employer except the State,shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurer duty authorized to write
compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an
individual employer or as one employer in a group of employers, which may be given upon famishing
proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any
compensation that may become due to his or her employees.
I 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 will comply
with such provisions before commencing the performance of the work of this contract. (Labor Code§1861).
Date
Name of Contractor
By:
Signature of Authorized Agent
Signatory's Title
Contractor's License No.
Date
DJM Agree Garland Company Iowa