Kelly Bros., Inc.
J 3u
CON T R ACT
CORPORATION YARD ADDITION
Project 1968-2
THIS AGREEMENT, made and entered into this
6th day
of
May
, 1968 by and between
KEllY BROS. INC.
, hereinafter called "Contractor", and the
C ITY OF GILROY
, hereinafter called IICity";
WITNESSETH:
WHEREAS, the City Council of said City has awarded a contract
to Contractor for performing the work hereinafter mentioned in
accordance with the sealed proposal of said Contractor.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Scope of Work: The Contractor shall perform all the work,
and furnish all the labor, materials, equipment and all utility
and transportation services required to complete all of the work
of construction and installation of the improvements as described
in the plans and specifications of the Corporation Yard AdditIon
Project 1968-2; a copy of which is on file with the City Clerk,
the items and quantities of which are more particularly set forth
In the contractor's bid therefor also on file in the office of
the City Clerk, except work done or to be done by others.
2. Time of Performance: The Contractor shall begin work
wIthin ten (10) days after official notice by the City Engineer
to proceed with the work and shall diligently prosecute the
same to completion before the expiration offorty-'ffve (45)'days
from the date of issuance of said notice.
3. Payments: Payments will be made by City to Contractor for
said work performed at the times and in the manner provided in the
specifications and at the unit prices stated in Contractor's bid.
4. Component Parts: This contract shall consist of the following
documents, each of which is on file in the office of the City Clerk and
all of which are incorporated herein and made a part hereof by reference
thereto:
a) This Agreement
b) Notice Inviting Sealed Proposals
c) Instruction and Information to Bidders
d) Accepted Proposal
e) Faithful Performance Bond
f) Labor and Material Bond
g) Special Provisions
h) Standard Specifications
i) Design Standards
j) Plans, Profiles and Detailed Drawings
k) Resolution of Preliminary Determination and of
Intention and Related Proceedings
5. Wage Scale: Reference Is hereby made to the rate of
preva II i ng wage sea Ie estab Ii shed by the City C..>unc il, a copy of wh i ch
is attached hereto and set forth in the specifications, the provisions
of which are hereby specified as the rate of prevailing wage to be paid
workmen on this project, and the provisions of Article 2, Chapter 1,
Part 7, Division 2 (commencing with Section 1770) of the Labor Code shall
be complied with.
6. Hours of Labor: The Contractor shall forfeit, as penalty
to City, Twenty-Five Dollars ($25.00) for each workman employed in the
execution of the contract by him or by any subcontractor, for each
calendar day during which any workman is required or permitted to labor
more than eight (8) hours in anyone calendar day and forty (40)hours
I
in anyone calendar week, in violation of the provisions of Article 3,
Chapter 1, Part 7, Division 2 (commencing with Section 1810) of the
Labor Code of the State of California.
7. Alien Labor: The Contractor shall forfeit, as penalty to
City, Ten Dollars ($10.00) for each alien knowingly employed in the
execution of the contract, for each calendar day or portion thereof
during which such alien is permitted or requried to labor in violation
of the provisions of Article 4, Chapter I, Part 7 (commencIng with
Section 1850) of the labor Code of the State of California.
8. Apprentices: In accordance with the provIsions of Section
1777.5 of the labor Code, and in accordance with the regulations of the
California Apprenticeship Council, properly indentured, apprentices may
be employed in the prosecution of the work.
Information relative to number of apprentices, indentiflcations,
wages, hours of employment and standards of working conditions shall be
obtained from the Director of the Department of Industrial Relations,
who is the Administrative Officer of the California Apprenticeship
Counc i I.
9. Labor Discrimination: Attention is directed to Section 1735
of the Labor Code, which reads as follows:
"No discrimination shall be made in the employ.
ment of persons upon public works because of
the race color or regligion of such persons and
every contractor for public works violating
this section is subject to all the penalties
imposed for a violation of this chapter."
10. Workmen's Compensation Insurance: In accordance with
the provisions of Article 5, Chapter I, Part 7, Division 2 (commencing
with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with
Section 3700) of the Labor Code of the State of California, the Con-
tractor is required to secure the payment of compensation to his
employees and shall for that purpose obtain and keep in effect adequate
Workmen's Compensation Insurance.
The undersigned Contractor is aware of the provisions of Section
3700 of the labor Code which require every employer to be insured
against liability for workmen's compensation or to undertake self-
insurance in accordance with the provisions of that Code, and witl
comply with such provisions before commencing the performance of the
work of this contract.
11. Domestic Material: Only such unmanufactured articles,
materials, and supplies as have been mined or produced in the United
States, and only such manufactured articles, materials, and supplies
as have been manufactured in the United States, substantially all from
articles, materials and supplies mined, produced or as manufactured,
as the case may be, in the United States shall be used in the per-
formance of the contract in accordance with the provisions of Article 1,
Chapter 4, Division 5, Title 1 (commencing with Section 4300 of the
Government Code) excepting as otherwise provided in certain treaties
and general trade agreements of the United States.
12. Liability: The costs of said work and improvements will
be paid from the proceeds of the construction fund created by the
City Council. In no case will the City, or any of its officers,
agents and employees be liable for any part of the costs thereof other
than from the moneys in said construction fund, excepting by sub-
sequent resolution of the City Council providing for the making of
a contribution to said construction fund, in which case the liability
of the City shall be limited to the amount of said contribution. Under
the terms of said Act, the amounts of assessments paid in cash and
the proceeds of the bonds issued upon the unpaid assessments
,
thereof will be deposited in said construction fund.
IN WITNESS WHEREOF, City has caused these presents to be
executed by its officers, thereunto duly authorized, and the Contractor
has subscribed same, all on the day and year first above written.
~E-L~I 6IZo~//~;L_.
BY~ [4 r?l~/ . ---
"CONTRACTOR"
C ITV OF GilROY
By
)~g~~-
Mayor
ATTEST:
"C ITY"
(SEAL)
SCHEDULE OF PROPOSAL
CORPORATION YARD ADDITION PROJECT 1968-2
ALTERNATE 'WI
Item Approx. Item with unit price written Unit Total
Quantity in words Price
1 L.S. Relocate Butler building 3/'-/-0
to corporation yard
2 L. S. Construct footings and IS-/O
place building
3 L.S. Construct floor slab 3/37
and floor drain
Amount in Words
/77gt
~A~ ~ ~;d;-~
TOTAL AMOUNT OF BID
or
ALTERNATE 11811
Item Approx. Item with unit price written Unit Total
Quantity in words Price
1 L.S. Relocate Butler building 3/LfO
to corporation vard
2 L. S. Construct footings and /8'cJo
place buildino
TOTAL AMOUNT OF BID f)! '19 'I ()
r~ il ·
~Pl
~i rr
~(L.~ '
~v
/
"
",el"."
ALTERNATE B
Amount in Words F;TR~ -~. -I~ ~. ~
Schedu 1 e A and B to accompany bid of t:€.. L1r 612<:J..5 ,..:I;;,. c..r'
BY: (EdfJ' u/L
I'
TITLE: ,~' reG: S ·
SUBCONTRACTORS:
}t..-{ 'l,;l Q ~
KJ FIREMAN'S FUND INSURANCE COMPANY
o THE 'ERICAN INSURANCE COMPANY
D NATI ,AL SURETY CORPORATION
o ASSOCIATED INDEMNITY CORPORATION
o AMERICAN AUTOMOBILE INSURANCE COMPANY
INSURANCE COMPANIES
TO:
I
I
ATTENTION: Mr.
William Henry
L
CITY OF GILROY
10 SO. ROSANNA STREET
GILROY, CA. 95020
~
THIS IS TO CERTIFY THAT THE COMPANY OR COMPANIES CHECKED ABOVE HAVE IN FORCE AS OF THE DATE HEREOF THE FOLLOWING POLICY OR POLICIES,
DATE
CERTIF1CA TE
OF INStmANCE,~
-....__~ as ~,fomr. '1
"',....':/;t {e'( :C!~vdl!t1L
7 CItv o\ttOfney / (
5-9-68.
1/
LOCATION OF PROPERTY, DESCRIPTION OF OPERATIONS, BUSINESS CONDUCTED
BODILY INJURY LIABILITY' L 137 14 29 110-1-70 100
u ____.__________~ ___~__..__ _________~_ ~__ 1_.___._. --....--~-- __I 300 THOUSAND DOLLARS, EACH OCCURREN':"-____I
PROPERTY DAMAGE LIABILITY' I~Ll-4:...2L:-lQ-1=--2Q-----I-.-l.QQ--- ~~SAND--"OLLARS, EACH_~':CURRENCE i
_~~~::~_: PA_~_MENT=---._~.___.____,_________,._____u _ i __._~___._____________ _ i _____.._________________________1 ~____.. ________________.________-=~CH .~_~=_~_N . ---------.--.!
COMPREHENSIVE-LOSS OF OR DAMAGE TO THE 'I I I ACTIJAL CASH VALliE UNLESS OTHERWISE STATECD i-1._E.R_'_'_!N.__1
AUTOMOBILE, EXCEPT BY COLLISION OR UPSET i I
BUT I NCLU DI NG FI RE, THEFT~N ':'...""-N-=,~TO R M_ ..__1 .. ______.___ ._~__~J !._______ .~~_____.._____.._.__
I--~.
I
I
I "^"" ~;:~~"'~:~'~'::m ;:~"~wm
250 COMMERCIAL STREET
SAN JOSE, CALIFORNIA
KIND OF INSURANCE
POLICY NUMBER
EXPIRATION
WORKMEN'S COMPENSATION
7-1-68
\VP 10 7 6 6 0 6
STATUTORY
EMPLOYERS' LIABILITY
BODILY INJURY LlABILlT Y OTHER THAN AUTOMOBILE*
COMPREHEN SIVE L 137 14 29 10-1-70
--
PROPERTY DAMAGE LlABI L1TY OTHER THAN AIJTOMOBILE*
COMPREHEN SIVE L 137 14 29 10-1-70
($200 Deduct ib1e)
(includes b1 anket contrat->tua1)
100
300
300
100
100
100
100
-----.LO 0
AUTOMOBILE,
LIMITS OF LIABILITY
THOUSAND DOLLARS, EACH PERSON
THOUSAND DOLLARS, EACH ACCIDENT
THOUSAND DOLLARS, EACH PERSON
THOUSAND DOLLARS, EACH OCCURRENCE
THOUSAND DOLLARS, AGGREGATE PRODUCTS
THOUSAND DOLLARS, EACH OCCURRENCE
THOUSAND DOLLARS, AGGREGATE OPERATIONS
THOUSAND DOLLARS, AGGREGATE PROTECTIVE
THOUSAND DOLLARS, AGGREGATE pRODUCTS
THOUSAND DOLLARS, AGG REGATE CONTRACTUAL
THOUSAND DOLLARS, EACH PERSON
COLLISION OR UPSET
$
ACTUAL CASH VALUE LESS
DEDUCTIBLE
DESCRIPTION AND LOCATION OF OPERATIONS AND AUTOMOBILES COVERED
Reference to the relocation of Butler Building and placing on foundation.
'IF COMPREHENSIVE, SO STATE. IF NOT COMPREHENSIVE, FOR "OTHER THAN AUTO", LIST FORM SUCH AS OL T, ELEV., ETC.
.. ilf!' AUT O.../lfED REP/ZSE TATI.VE
IN EVENT OF ANY MATERIAL CHANGE IN OR CANCELLATION OF THE POLICY OR ,,/
POLICIES, THE COMPANY WILL MAKE EVERY EFFORT TO NOTIFY THE ADDRESSEE BUT LtfP'[;t{ l.. '::aR.- _'{/}(L./~
UNDERTAKES NO RESPONSIBILITY BY REASON OF FAILURE TO DO SO. i
385030-12-66
BOND No. SCR-6l8444l
FIREMAN'S FUND INSURANCE COMPANY
THE AMERICAN INSURANCE COMPANY Premium: $ 78.00
NATIONAL SURETY CORPORATION
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
COMPANIES
HOME OFFICE: SAN FRANCISCO, CALIFORNIA
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That we,
Kelly Bros., Inc.
SEALED with our seals and dated this
8th
day of
May
Ig~.
WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the
8t}1 day of May Ig~~ covering
Relocate BIJtliP!1" -e,nilding and Place on Foundation
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein,
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and
truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the
said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and
reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the
part of said Principal, then this obligation to be void; otherwise, to be and remain in full force and effect.
PROVIDED, however, that this bond is executed by the Surety upon the express condition that no right of action shall accrue upon or
by reason hereof to or for the use or benefit of anyone other than the Obligee named herein; and the obligation of the Surety is and
shall 1:,1) construed strictly as one of suretyship only.
WITNESSES:
Kel res., Inc. #
B ~4c~h;/ !$~
Fireman's Fund Insurance Company
Surety
As to Surety
By:
ANN M.
,
360082-7.65
State of
County of
California
Santa Clara
ss:
On
May 8, 1968
therein, duly commissioned and sworn, personally appeared
, before me, a Notary Public in and for said County and State, residing
Ann M. Townsley
known to me to be Attorney-in-Fact of Fireman's Fund Insurance Company
_ the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
~'lttt!'-~d< ';~,1lt~~ t<<~~- _~.Mo~ aid corporation, and he duly acknowledged to me that such corporation executed the same.
-,
/ , . JOye[ L. GOERTZ
~:~I~>';~T NOTADV OiUlI ,,..
~. ITNE'S':'> WFi!'R'EOF, "r"'~ere
, Santa Clal a County, Calif.
c:r~<O"..xYW
nto set my ,hand and affixed my official seal. the day and year stated in this certificate above.
~~ Jh~A~
c-J' Notary Public
ry'h.7V'I\J'
1: PIRES MARCH 13. 1971
My C6mmission Expires
3602 \ 2-6-66
LABOR AND MATERIAL BOND
PUBLIC WORK - CALIFORNIA
Bond No. C- 6184441
,""\
r"
The premium for this bond is included in the
premium for the bond guaranteeing performance
of the contract covered thereunder.
FIREMAN'S FUND INSURANCE COMPANY
THE AMERICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
INSURANCE COMPANIES
HOME OFFICE: SAN FRANCISCO, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS:
That we, Kelly Bros., Inc.
and Fireman I s Fund Insurance Company
as Principal,
Califomia and
, incorporated under the laws of the State of
authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all materialmen,
persons, companies or corporations furnishing materials, provision s, provender or other supplies used in, upon, for or about the
performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies
or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done, and all persons who
performed work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid
by the contractor, company or corporation, in the just and full sum of Three Thousand Eight Hundred Ninety-
Three and 50 /lOOths--u -- -- - -- ------ -- - -- -- _______uuu ----- -- - -- Dollars, ($ 3,893.50 ).
for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors
and assigns, jointly and severally, firmly by these presents.
The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, dated
May 8 , 19 68, with the City of Gilroy
to do and perform the following work, to-wit:
Relocate Butler Building and Place on Foundation
Now, Therefore, if the above bounden Principal, contractor, person, company or corporation, or his or its sub-contractor, fails to pay
for any materials, provisions, provender, or other supplies, or teams used in, upon, for or about the performqnce of the work con-
tracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act
with respect to such work or labor, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this
bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevail-
ing...party in said suit. said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered.
This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in
Government Code, Sections 4200-4208, inclusive, and all amendments thereto.
Signed and Sealed this
8th
day of
May L
:&roS., Inc.
tJ G-4d ~t0:
, 7' Principal
,19 68
~ireman's Fund Insurance Company
Surety
360099-9.65
l
I
I
I
S'w:te of
County of
ss:
California
Santa Clara
On
May 8, 1968
, before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared
Ann M. Townsley
known to me to be Attorney-in-Fact of Fireman's Fund Insurance Company
-the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
id corporation, and he duly acknowtedged to me that such corporation executed the same.
I..
.'~i ~' JOYCE. l. GOERTZ
-r~'.... ITN"9~lOP~~!~ere
.', Santa Clara County. Calif.
to set mY.hand and affixed my official seal, the day and year stated in this certificate above.
My Commission IM;;ikQMMI~~ION F)(PIRfS ft~ftRGH 13, 1971
~~H-
o Notary Public .
360212-6-66
WEHNER INSURANCE AGENCY
2175 THE ALAMEDA. SAN JOSE, CALIFORNIA 95126
PHONE 241-4100
May 9, 1968.
City of Gilroy
10 So. Rosanna Street
Gilroy, Ca. 95020
ATTENTION: Mr. William Henry
Dear Mr. Henry:
Enclosed you will find Performance and Labor and
Material Bonds of the Fireman's Fund Insurance
Company in connection with contract awarded to
Kelly Bros. Inc.
Also enclosed are Certificates of Insurance
showing liability and Workmen's Compensation
coverages in force for Kelly Bros. Inc.
Please be sure that these get into the hands
of the proper party so that the contract can
be executed.
Thank you for your cooperation and please advise
if you require anything additional from this
office.
Very truly yours,
/ljtit~i~
ROBERT C. WEHNER
RCW:em
Encl.