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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 ~~. u -3- -r 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 By -2- ...... " ""~:'M:'__." ., ,,' :1", .~. +- ,:.\ ' , , .. r'C/ 1 County :~~ ~;;~I.Q1;. .. .... } . 5th Aaga8t On thu. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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, i,.... ... c...o" ... ih'.... "'" i. "'" ""'!!;",)j''' ~ ~ ........-r:~.~~ NoI4ry Publit in 4nd for the County of. . .. .a.'" . C1ga . . . . . . . . . . . . . . . . . . . . State of California My commission expires. . . .~.~ . .~~.f. . ~~.~ . . . . . . . . . . 81:, ...f ! ~ i~, t, ,_~ I . ~'~. · '-t~ Od!. ( <,J .~ ~ ~ " . .J \ .: I'::' I' ~..' .. j "/1. ...=-; .-; ,(: ~l,::lq \ '",IS ...., (~ .. .1'.11'" :;';\'J ."j~_ -G a,) '"' Lt '), '. ,....,~ (." r-. ~'" ...', . ; ~ ,.J ,~ ~,. ~:. .1 "t" ~,., :,; , ~.:, c r 1 l it: :)~"; ~,~ . :"''' ~.~ T:f .;:: Tl'J ,j 'f ~'\. ;', r', ,.. \.' '.j ~ .' .l' I.:~ ,~ ~ ,1 ....... hY '. tJ_: ,,) -,l'8 ~ i~"_.\, H., :~i I:\- .--'....-'l <, <> . ; ~j.'.} ; , , (; ~;- ;j,,: 1_;' ", ,( " '".1 . ,i. " ~', 'l ~~: ~, ~. f ] . ~-~::. ~I t ~r ~,i ~ '; r., n ,.;;'1 C',^ '::~": J '-' ,':" ",' ',' ,,' I (:~I .D'~ i', ~:~. . .:; .",.i.C)....., (;:':'" -' . ! '_\;,,' ~ ~. ~,:.. () :;,':, ~ .,.'t, ... '.,' .1-,,," "'.",;, ;;.. ',,'.' ,~ (~,,-. ,ii;) (, :'" ~ .l ;."~ : .. ~ )~. \:~:' ;~. ',: ~ t'. ,~~ r.. r U 4-. <,; {}-~: '; .:,,t . I j - ~. . '-,C' ;..,-', c; ,~,;-; >;' ...... . . "J.,t t:.., ~ :" ": j ,\},;; ~ '. J ~.! _ ", ~ i'l .. " ;.); 2' . ()./:; (3 I, c, '.1 i :_J ,;,;,1. ,~ c ;.';.....i .flt :,:'-: ',!!.)"T.. ~~'!",'i" (-:"'l~ It I I 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... .. .. .. . . . .