Prentiss, Chas. E.
OONTRACT
THIS i~GREEMENT, made and entered into this ~ day ot
AUgust, 1929, by and between Cl~S. E. PRENTISS, first party,
and GEORGE EASTON, as Stl'eet Commissioner of the Oity of Gilroy,
county ot Santa Olara, state ot Oalifornia, under and by virtue
ot the authority granted to him by an Aot of the Legislature ot
th. state of Oa1ltornla, designated the "Impp_~t:.t\. or 1911",
.
approved April 7, 1911, and amendments the~, second party,
WI'l'NESSETH: That whereas, the first party (as will more
tully appear by I'eterenoe to the proceedings of the Mayor and
Common Councl1 of the Oi ty of Gilroy on the 17th day of July, 1929),
has been awa.l"d.ed the contra.ct for the work hereinaf'ter mentioned:
!lOW, THEREFORE, these presents witness that for and in con-
sideration of the tull and oomplete performance of the oovenants
herein mutually agreed to be performed, the parties hereto do
he~eby oovenant and agree as follows:
Said first party promises and agrees to do and pel"f'oI'm 01'
oause to be done and performed in a good and workmanlike manner
under the direotion and to the satisfaotion of the Oity Engineer
of the Oity of Gilroy, and in aooordance with the plans and
.'
i,,'
speoifications heretofore adoptd by the Itayor a!\l.d Oommon Oouncil
of the Oity of Gilroy on the 13th day of May, 1929, all of the work
and improvement described in Resolutl.on ot Intention No, 3_1929
ot the Mayor and Common Council ,Of ,...1d ,01 t,., a copy of sald
Resolutlon of Intention being annaxecl hereto as a part hereof', and
hereby expressly reterred to for further partioulars.
Said first party Shall furniSh all the neoessary tOOls,
equipment, labor and materials requlred for the perfortnl'l,noe and
oompletlon of said work and improvement, and all matel'ials used
shall comply with the said speoifications and be to the satistaotion
..
of the City Engineer of the Oity of Gilror.
Second party, George Easton, aoting in his Offioial oapacity
as said street Oommissioner, and not individually, hereby fixes
the time tor the commencement of said work under this
contraot, to be the 12th day of August, 1929, and the said
work and improvement shall be prosecuted with diligence from
day to day the:red"ter to completion, which time tor oompletion
he hereby designates and the same is hereby fixed a.t thirty
working days trom the date of oommencement.
Saiel seoond party promis.. and agrees that upon the tull
and complete performance by said first party of the covenants
herein contained and upon the nertormance llnd completion of'
.s
sald wo:rk and improvement ln accordance with the prottions of'
^
this oontraot, an assessment and diagram will be made and
'i.t.~l1pd a warPnt attached thereto, in the manner provided
c". .. .' >. . .""-..-<~Atl1'r~
in aaid "Improvement Act of' 1911,1l at the fOllowing prices,
to.wit:
ITD
e" st~ water sewer
pipe
Q,UANTITIES
S008.5 teet
aft st~ water sewer
pipe
10" storm water sew.:r
pipe
IS. storm water 6.wer
pipe
e" cast il"on. sewer pipe
12" cast iron sewer pipe
catch basins
S686.0 teet
110.0 teet
334.0 feet
45.0 teet
85.0 feet
18
eaoh
wall and apron as per plans 1
stub end grates
'7
eaoh
"
-2.
UNIT PRICES
.60 per ft.
.'76 per tt.
.85 per ft.
1.10 per ft.
2.25 per ft.
$.00 per ft.
45.00 each
100.00
10.00 each
And it is turther agreed, and expl'..sl'1 understood by the
pilI-ties to this oontraot$ and notioe thereof is hereby expressly
given, that in nO ca.. (exoept where it is otherwise provided by
law) w1l1 the aald 01 t,. ~ Gilroy or any officer thereof I be liable
tor aftJ"Pwtion ot the expenses of the work aforesaid, nor for any
delinquenoy of persons or pDoperty assessed.
ADel it t. .furthe:P .tlpalated and agreed by the parties to this
agreement that under it eight (8) hours of labor shall const! tute
&. legal day! s work, in case a portion c:sr the expense ! s to be bo:me
by said City out of ita pn81'8.1 treasu1'7, and in 8\.\ch case the aaid
fillst party shall not Hqu.iN more than eight (8) hOttt'*s. labor 1n a
day fl'om any person employed by said first party in the pertonnanoe ot
sa1d work; and it is f"ul'thel' agreed that the first Jlal'ty shall tort'ei tJ
as a penalty, to the Oity ot Gilroy the ~lm of ten (10) dollars tQl'
each laborer, w01"kman or meohanic employed in the execution of th1a
cont1"8.ot by him, or by any sub-oontractor under him, for each calendar
day during whiCh such la.borer, workman 01' mechanic is requl1'ed or
permitted to labor more than eight (8) hours in vlo1ation of the
prov1 sl ons of' Section 653c of the Penal Oode of the state ot Oa1if'ornie
And it is further stipulated and a~eed that the mini1IlU1U oompen-
sation to be paid for labor upon all work pertormed under this contraot
shall be two (2) dollars per day.
first
IN WITNESS triHEREOF, the sai.slparty and the said second party,
as such street Oommissioner and not otherwise, have hereunto set
their hands and seals, all On the day snd year first above wr1 tten.
~,,~)~t~:~l
?tt";:.~ 1a~ (SEAL)
street Oommissioner of the 01 ty ot
Gilroy.
pre sence or
Slgned~,Ae~~ in the
(,). lor, (J ~~.
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Resolutio~O'1if Intentionj
RESOLVED, by th.e Mayor and Notice is , herally-gtven that sertal
Common Cou,ncil, of the City of Gil- bonds to" l'epresent tm.llaid assesS"
roy, that it is the intention of the men.tsand bear interest at the rate
Mayor and Common Council to order of, seven per cent" per annum, will
the following work and improvement be issued hereunder, in the manner
in said City of Gilroy, to-wit: provided by, the Improvement, Bond
For a storm water sewer to be con- Act of "1915' and amendments there-
structed in Forest Street from Martin to; the last lIlstallment of which
Street to Sixth Street, in Martin bonds shall mature ten (10) years
Street from Forest Street to Railroad ,from the 2nd day of July next suc-
'~i!4 ~~:~;nl!:{~:~~l! 1~i!:t~e:~cS;:~~ "~:::r
Street, in Eigleberry Street from II provided for th~ issuance of said
Seventh Street southerly to the, serial bonds, all of the herein pro-
catch basin now in 325 feet SoutherlY' posed work shall be done in pursu-
from the Southerly property line of ance of an Act of the Legislature of
Seventh Street, in Sixth Street from ~.he State of California, desi~~ate~
Church, Street to Eigleberry StrJ;let, The Improvement Act of 1911 , ap
in. Fourth Street from Church Street proved April 7, 1911, and amend-
to Eigleberry Street, in Third Street ments thereto.
from Church Street --to Eigleberry NOTICE is hereby given that on
Street, in Church Street from First the 3rd day of June, 1929, at eigh!
to Second Street, in Fir~t ~treet and lo'clock P. M. at the regular meeting
along the Easterly proJectIon there- ,Place of 'the Mayor and, Common
of, from Church Stre, e, t to the Slough counc, n, ,to-Wit: In the City Hall of
called Miller Slough with catch said City any and all persons hav-
basins and with concrete wall and ing any 'objections to the proposed
apron, and stub end grates. work and improvement may appear
That all said work be done accord- before said Mayor and Common
ing to the plans, profiles and specie Council and show cause why said
lications therefor, prepared by R. proposed improvement should not be
W. Fisher, City Engineer of the City carried 'out in accordance with tbis
of Gilroy, duly and regularly adopted resolution.
by the Mayor and Common Council I
on May 13th, 1929, and now on file
in the office of the City Clerk of
said City, and according to the ele-
vations and lines as shown on said
plans, which said plans, profiles and
specifications are hereby referred to
for the full and detailed description
,of said proposed work and improve-
'ment.
And the said Mayor and Common
Council does hereby determine and de-
clare that the aforesaid work and
improvement is of more than local
or ordinary public benefit and will
affect and benefit the district, the
boundary lines, and description of
which is shown upon a map or dia-
gram of said District, prepared by
R. W. Fisher, City Engineer, ap-
proved by the Mayor and Common
I Council and on file in the office of
,the City Clerk, which said map or
. diagram is hereby referred to and
made a part hereof, and is hereby
declared to be the District benefited
I by such work and improvement, and'
that, therefore, the entire cost and
expenses of safd work and improve-
ment, save and except therefrom the
sum of Fiv~ Hundred and Sixty-F,ive
Dollars ($565.00,) tG be paid from
the General Fund of the City of
Gilroy, shall be and is hereby made
chargeable against, and shall be
assessed upon said District, here-
after to .,be known as Improvement I
District Number' Two, which District,
Is situated within"tM City of Gilroy.
CountY'of Santa Clara, State of Cali-
fornia.
Excepting, however, from the said
area as shown upon the map or dia-
gram' thereof' 'as 'adopted by the
Mayor and Common Council, of all
public streets; lanes and publiC 'ways,
the same not to be assessed for any
expenses of said work and improve-
ment.
The grade to' which said work shall
be done shall 'be sueh as may be
all-own on the, plans, profiles and
I specifications therefor; now on file
in the office of the City Clerk, re-
ference to which is hereby made for
a description of such grade.
The Clerk of the City of Gilroy
shall cause this resolution to be pub-
lished twice in the "Gilroy Evening
Dispatch," a daily newspaper print-
ed, published and circulated in said
City of Gilroy, and hereby designated
for that purpose, by said Mayor and
Common Council of said City of
Gilroy.
The Street Commissioner of said
City of Gilroy shall cause to be con-
spicuously posted along the lines of
sayi contemplated work or improve-
ment and along the lines of all open
streets, avenues, lanes, alleys and
roads within said District, as herein
adopted and described, notices of
the passage of this Resolution of
Intention in the manner and form
required by law. I
I hereby certify that the foregoing
Resolution was duly and regularly I
passed and a.dopted by the Mayor
and Common Council of the City of
Gilroy at a regular adjourned meeting
of said Mayor and Common Council
held on the 13th day of May, 1929,
by the following' vote:
AYES: Couneilmen Walter G.
Fitzgerald, C. E. Fredrickson, John
A. Clark, Irvin Hollister, Elmer J.
Chesbro.
NOES~ Councilmen, None.
ABSENT: Councilman E. Martin
Johnson.
E. F. ROGERS, I
Clerk of the City of Gilroy.
APPROVED: i
, JAMES PRINCEVALLE, I
- ?~~~ 'I ~ C.:_./f1f 4d>Y~--
CONTRACTOR'S BOND FOR LABOR AND MATERIAL
(50% of the amount of the oontraot)
KNOW ALL MEN BY THESE PRESENTS:
THAT 1:'\f"HEREAS, on the 17th day of ~uly, 1929, under and
pursuant to law, the Mayor and Common Council of the Oity of
Gilroy awarded a contraot to Chas. E. Prentiss, as Contractor,
for the doing of that certain work and improvement in the City
of Gilroy, County of Santa Clara, state of California, whioh is
more partioularlY desoribed in Resolution of Intention No. 3-1929
of the Mayor and Oommon Counoil of said City passed May 13th, 1929,
reference to which Resolution of Intention is hereby made for
further partioulars, and
WHEREAS, said Chas. E. Prentiss, as suoh contraotor, is about
to enter into a oontract with George Easton, as Street Oommissioner
of said City for the performanoe of said work and improvement
pursuant to said award, and
WHEREAS, the law requires every contraotor, person, oompany
or oorporation, including oontraoting ovmers, to whim is awarded
any oontraot for street work under the act pursuant to whioh said
work is to be done, at the time of signing and executing the said
contract, to file with the Street Commissioner, a good and suffi-
oient bond, to the satisfaction and approval of said Street
Oommissioner in a sum not less than one-half of the total amount
payable by the terms of said oontraot, and whioh shall inure to the
benefit of any and all persons, oompanies or oorporations entitled
to file olaims under the tl Improvement Aot of 19l1tl, as amended,
so as to give a right of aotion to them or their assigns in any
sui t brought upon this bond;
NOW, THESE PRESENTS WITNESSETH: That the said Ohas. E.
Prentiss, as oontraotor, ana prinoipal, and Amerioan Surety
"
Company of New York, a corporation, as surety, are held and
firmly bound unto any and all persons, companies, oorporations or
materialmen, who furnish materials, provisions, provender or other
supplies used in, upon, for or about the performanoe of said work
and improvement aforementioned, or who rent or hire teams or
implements, or maohinery for, or oontributing to, said work or
improvement, and any person who performs work or labor upon the
same, and any person who supplies both work and materials for the
same, or the assignees of any suoh persons, companies, or
corporations, in the sum of Twenty-six Hundred ($2600.00) Dollars
(being not less than one-half of the total amount payable by the
terms of said contraot), for which payment, well and truly to be
made, we bind ourselves, our heirs, exeoutors, administrators,
sucoessors and assigns, jointly and severally, firmly by these
presents.
Sealed with our seals and dated this 5th
day of August,
1929, and exeouted and to be performed in said City of Gilroy.
The conditions of the above obligations are such that if the
said Chas. E. Prentiss, as oontraotor, to whom said oontraot has
been awarded as aforesaid, or any suboontraotor of said contraotor,
shall fail to pay for any materials, provisions, provender or other
supplies or for the use of implements or maohinery, or hire of t~
used in, upon, for or about the performance of said work and improve-
ment, or for any work or labor thereon of any kind, the said surety
will pay for the same in an amount not exoeeding the ~ specified
in the bond, and also, in case suit is brought upon this bond, a
reasonable attorney's fee to be fixed by the Court.
Id~. t.~
Prine pal.
..
OF NEW YORK,
SUrety,
By
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sn ,he year one thousand nine hundred andb<<m.~. . . . . . . . . . . . . . . . . . . . . before me,. . . . . ~~. .~.~ . .~~~.~ . . . . .
tJ Notary Publit in and for said County and State aforesaid, residing therein, duly commissioned and sworn, personally appeared,
................ .;~!. J~,.. ~~~.................. .and........ .~!. .~~.. q~.............................
known to me to be the AUorney-in-Fad and Countersigner respectively of the
AMERICAN SURETY COMPANY OF NEW YORK
the corporation described in and that executed the within and foregoing instrument, and known to'
me to be the persons who executed the said instrument on behalf of the said corporation, and they .: -
both duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seaJ" at my office,
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NoI4ry Publit in 4nd for the County of. . .. .a.'" . C1ga . . . . . . . . . . . . . . . . . . . .
State of California
My commission expires. . . .~.~ . .~~.f. . ~~.~ . . . . . . . . . .
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STATE OF CALIFORNIA,
OOUN'fY OF SANTA CLARA.
)
) SSe
)
On thi s
day of August, 1929, before me,
a Notary Publio in and for said Santa Clara Oounty, residing
therein, duly oommissioned and sworn, personally appeared
, known to me to be the person whose
name(is subsoribed to, and who exeouted the within instrument
as the Attorney-in-Faot of American Surety Company of New York,
and aoknowledged to me that he subsoribed the name of Amerioan
SUrety Company of New york thereto as principal, and his own
name as Attorney-in-Faot.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my offioial seal at my office in the said County of Santa Clara,
the day and year in this oertifioate first above written.
Notary Publio in and for the County
of Santa Clara, state of California.
My oommissioni'6xpires
.
Approved and filed this
0~ day of August, 1929.
d~Mf ~~;;ri/
Street 06mmissioner of the City of
Gilroy.
..
-3-
CONTRACTOR I S BOND FOR FAITHFUL PERFORMANCE
(25% of the amount of the oon~raot)
KN OW ALL MEN BY THESE PRESENTS:
That Chas. E. Prentiss, of the City of San Jose County
of Santa Olara, state of Oalifornia, as prinoipal, and Amerioan
Surety Company of New York, a oorporation, as surety, are jointly
and severally bound unto the City of Gilroy, County of Santa Clara,
State of California, a municipal oorporation, in the sum of
Thirteen Hundred DOllars, to be paid to the said City, for whioh
payment well and truly to be made we bind ourselves, mlr heirs,
exeoutors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
Sealed with our seal. and dated this Rth day of Au~~t,19~9,
and exeouted and to be per~ormed in said City of Gilroy.
The oondition of this obligation is suoh that if the above
bounden Chas. E. Prentiss, or assigns, shall well and truly keep
and faithfully perform the covenants, conditions and agreements,
in a certain oontract about to be made between said Chas. E.
Prentiss, as contraotor, and George Easton, as Street Oommissioner
of said City, on his part to be kept and performed in the manner
and form therein specified, and shall furnish materials in
o~plianoe with the speoifications, and perform that oertain work
in the said City, whioh is more particularly desoribed in Reso-
lution of Intention No. 3-l929 of the Mayor and Common Counoil of
said City, passed May l3, 1929, referenoe to whioh Resolution of
Intention is hereby made for further partioulars, then the above
obligation to beoome void, otherwise, to remain in full force and
effeot.
IN WITNESS WHEREOF, the seal and signature of the said
prinoipal is hereunto affixed, and the oorporate seal and name
of the said surety is hereto affixed and attested by its duly
authorized officer at San Jose, Calffornia, this 5th day of
August, 1929.i)
STATE OF OALIFORNIA,
COUN'lY OF SANTA CLARA.
)
) SS.
)
By
On this day of August, 1929, before me, I
a Net ary fublI'CTn and for said Santa Clara County, residing therein
duly commissioned and sworn, personally appeared
~own to me to be the person whose name is ffilbscribed to, and who
executed the within instrument as the Attorney-in-Fact of Amerioan
Surety Company of New York, and ac~owledged to me that he subscribe
the name of Amerioan Surety Company of New York thereto as principa'
and his own name as Attorney-in-Faot.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal at my offioe in the said County of Santa Clara, the
day and year in this certifioate first above written.
Notary Public in and for the atiJ~
of Santa Clara, state of California.
My oommission expires .
APproved this J~ day of August,
STATE OF CALIFORNIA ~
County of...... .~~~~~. .Y~~~...... f
On this. ......... .9.~~.. .................... ..dayof.... .~~~~.~.................
in tlte year one thousand nine hundred and. . .':!?~~~ 1iY.':':~.~~~. . . . . . . . . . . . . . . . . . . before me,. . . . . . ~~. . ~!. . ;E:9.:t<:,Ii M. . . . .
a Notary Public in and for said County and State aforesaid, residing therein, duly commissioned and sworn, personally appeared,
. . . . . . . . . . . . . . . . . . . . ~~. . J( :0. . f..~:R+~~. . . . . . . . . . . . . . . . and . . . . . . . . . . . f. ~. . ~ ... . ~ ~:ur~. . . . . . . . . . . . . . . . . . . . . . . . . . .
known to me to be the Attorney-in-Fact and Countersigner respectively of the
AMERICAN SURETY COMPANY OF NEW YORK
the corporation described in and that executed the within and foregoing instrument, and known to
me to be the persons who executed the said instrument on behalf of the said corporation, and they
both duly (l(;knowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office,
;. ~ ,aw C..my. ~ day and ~ ..'~ ~tifioa fl. "" 5:S:li:ltl
Notary Public in and for the County of... .~~.1;;~.. 9.],.~:r.~.J. .. " .. .. .. .. .. .. .. ..
State of California
Ms.' 0
My commission expires.. .. . . J: If. . ~6.. .19.30... .. .. .. . . . .