88-151
.:', '.l.'IS' ~ ';'40<" ," ......a:,(.. .;..,~..;.,....'.:;.. ~...,..,'.. ~_.
O,,'CAA,
. ~.
;..4.~~tt>
... r"
U f""
. .
.. ..
10~ ......
'0 C.
-CHA"O'
/;<'
./
_.,..~~~.-".,
./ /./.
CITY OF CAMPBELL
October 24, 1995
Public Works Department
Mr. Russ Aleshi
548 Hacienda Avenue
Campbell, CA 95008
SUBJECT:
!
I
PERMIT: #92-114~_ ~8.:~~-,'
LOCATION: 548 ~IJA AVENUE
FINAL INSPECTION AND ACCEPTANCE
Dear Mr. Aleshi:
The City of Campbell has made a final inspection of subject Public Works improvements and
fmds the work to be acceptable and in conformance with City standards. . Accordingly, the City
Engineer accepts the improvements.
Due to the length of time which has transpired since the improvements were originally
constructed, the one year maintenance period will be considered to have been met. No
maintenance is required. Your warranty requirements and any surety, are hereby released.
Please fmd attached your original Perfannance Bond which we are returning to you.
Additionally, your cash deposits of $2,012.00 for Permit #88-151 and $800.00 for Permit #92-
114, plus any interest due, are now being processed and will be sent to you under separate
cover.
If you have any questions, please call Randy Westfall, Public Works Inspector, at (408) 866-
2165.
Sincerely,
1IuW~, ~
Robert M. Harary
City Engineer
~
Attachment
cc: First Assurance & Casualty Co., 16901 N. Dallas Parkwy, Suite 210, Dallas, TX 75248
h:aleshi(mw)6.0
70 North First Street. Campbell. California 95008.1423 . TEL 408.866.2150 . FAX 408.379.2572 . IDD 408.866.2790
NEW PW FAX #
408.376.0958
To: Accounts Receivable
Please Issue Check
Payable to:
Address - Line 1:
Line 2:
City:
Description:
Amount Payable:
Account Number:
ate and Receipt No:
Permit No:
Purpose:
Requested by:
Approved by:
FINANCE ONLY:
Verified by:
Approved by:
Mail As Is:
Return To:
Other:
rev: 3/25/95
City of Campbell - Check Request
Mr. Russ Aleshi
548 Hacienda Ave.
Camphp 1 1
State: CA Zip: 95008
REFUNDABLE DEPOSIT
$2012.00
101.2203
1/20/89, #2619
88-151
Finance Only:
INTEREST EARNED
101.540.7448
Refund Cash Deposit
Randy Westfall ~
~~'b
Robert Harary
Title: Pub. wks . Inspector Date:
Title: City Engineer
Title:
Title:
Date:l0/24/95
Date:
Date:
Special Instructions For Handling Check
Mail in Attached Envelope:
Marlene Pomeroy
(NAME)
Public Works
(Department)
City of Campbell - Check Request
To: Accounts Receivable
Please Issue Check
Payable to:
Address - Line I:
Line 2:
City:
Description:
Amount Payable:
Account Number:
ate and Receipt No:
Permit No:
Purpose:
Requested by:
Approved by:
FINANCE ONLY:
Verified by:
Approved by:
Mail As Is:
Return To:
Other:
rev: 3/25/95
Mr. Russ Aleshi
548 Hacienda Ave
r.r1mphpl1
State: CA
Zip: 95008
REFUNDABLE DEPOSIT
Finance Only:
INTEREST EARNED
$800.00
101.2203
5/14/92, #41853
92-114
101.540.7448
Refund Cash nppn~iT
Randy Westfall ~
ROberf1l;:1ag. ~
Tille: PUb.Wks.lnspector Date
Title: City Engineer Date! 0 / 24/95
Title:
Title:
Date:
Date:
Special Instructions For Handling Check
Mail in Attached Envelope:
Marlene Pomeroy
(NAME)
Public Works
(Department)
(~\
.4....
{-I et tMi..t- '1 Z - n Lf
THE AMERICAN INSTITUTE OF ARCHITECTS
.
AlA Document A312
El)ND NO FA 190845
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
JRT Construction Company
18191 IDs Gatos Saratoga Rd...,
Monte Sereno Ca. 95030
SURETY (Name and Principal Place of Business):
First Assurance & Casualty Canpany
16901 N. Dallas Parkway Suite 210
Dallas, Tx. 75248
OWNER (Name and Address):
Ci ty of Campbell
70 North First St.
Campbell, CA. 95008
CONSTRUCTION CONTRACT
Date: December 13, 1991
Amount: Seventy Thousand Three Hundred & 00/100 ($70,300.00)
Description (Name and Location): Offsite Improvements at 548 Hacienda Ave., Campbell, Ca.
BOND
Date (Not earlier than Construction Contract Date): May 11, 1992
Amount: Seventy Thousand Three Hundred & 00/100 ($70,300.00)
Modifications to this Bond: IXI None 0 See Page 3
CONTRACTOR AS PRINCIPAL
Company:
JRT Constru
SURETY
Company: (Corporate Seal)
First Assurance & Casual.11 C'.cl:l@ny
~" \
Signature: , {JL. ,~
Name and Title: torney-in-F3ct
Signature:
Name and Tit
(FOR INFORMA TlON ONL Y-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED, . AlA ~
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W.. WASHINGTON, D,C. 20006
THIRD PRINTING. MARCH 1987
WARNING: Unlicensed photocopying vlolat.. U.S.lrldemalilla.. and IIIUbfect to legal pnlHCullon,
A312-1984 1
. . ." "'\':'\""'\i"~:":';"::'.~~r./s~~}r..t0f~~!'01,~~.?'"7Jy;\:),r-:: ~:':!~~~}i11;~!1;
. ,-', . .
" ' ....:.,~:;,::,::;'>::\.",;~,(y:.i\:>,~:.:;;~ ,~~~,;>,.:'." " ., "..
. " t. :. ,
..,...,..... ........,.,..._" .._....._.~...., _'L...... ,. ':". .', .\.:,';' ,,'.. .,"... ' _.
.. .- - - - -- -- -. ,...~.-....c..~......;..~._~_,.._~__..___. ..,~..-"-~: \
, .
,.
,;::/~f~.;<~,
'. \
::: ~~ !!!!en en '0 '0 0 n
H ----CllJ(\)(\)_ 0
"'"= Cl2rrllJlJItr'rT",,- C
% rTl-'-rTrrenI-'-CI2C12~ :: en
t:1 "rr OCl200 .-: ..,:
en C,"< tr::-" HI:::: I< )<( ::;
en :; '"< 1O I-'- m lJI lJI .... .-:
- lOC tr'o.............. 0 t:3
~ ::'O::-1O (\) rT.......... ~
rTO 1-'-:< C.O,"<,"< 0 ~
- CI2 1O " n "Z3
...
- 0 rT '"< ;:.r lJI 0
...
lJI tren C 0 ::'0 :: 9
- (\) I-'-rT Itl 0'0 ..:
...
c. =- \Q Itl rT< ~ Itl S t:"'
lJI ::eo::-l-'-::lJI H
llJ .....llJ Itl C. I-f "Z3
- Hlrrrr 1O rTltl n 0
...
c. c::-~::o c. 0 -
0 " 1O ""0 en s: ::- l.i'
0 HllO rrlO:; ..: H t"'
~ CI2 ::--1O ::: ::- ::- t"' I
HI ~ 0 CJ ,... 1O ---
..... -- = - eT - '" ""
- - ...
0 ,... CD 0 0 :Dl CI2 c tl
..... 0 rr ,... I-f en - ':i
-
CJ =-::-,...:tr ~~ "" ~
..... CD =CI2CD'O ~ O. I
eT rr I-f \0 c,~
en ::-,...::-,., eTO (\)~ t:3
CD CD = .....c ::-<: ..,...
llJ CI2 CI2 S Itl lD C1
..... 'treT CD .c. tr t=1 I
CD " CJ ='0 CD ~
I-fCCITlO rr HI ...:'
CI2 SIT I-f0 0 H
0 1O ::-CJ en " "'=1
=:0 - 0 = Itl H
...
~~ ITl-fc.::iii n
" I-'- S ::-
0 rTN" ~ 0 Itl ...:
en ~I~~ rr::-Itl <1 -- ... t:3
.'y. ~~ - -
t:! ~ \~;.~ .iJ ~ Itl 1O c.;:;-o ~ [
~ c. ::C12 cT
tot ~;' .. '00 0 Itl - lJI ~',
;0 i)). ...
Itl lJI:( Itl - ...
:: z ... !
"< 0 1tll-f'O.....:: ID
(') (") ~ c.. :<CI2lJ1ltllJltr J
o C:> :>0 1tl0<1Qd:im ::-
3Z-;: "1 ~
3 ::. z~ o :: I-'-~ 1O 01
C" cTCD .
..' '. mo - i
f1 c:= )>~ ~ rT '"< eo,... <l1 - I
-- - )I Itl 0" 01 lJI
~~:'). t"t C.11 rT 0 -
...
S:.~o:J: > llJ 0 ,.,.. eo
:.; C5 ~ )> (/) } rTrT::
-::::;; z~ =-::-c.:t
~ ';1 Z 0 1O (I) 1O
. -; 01:'<
_~:D ~ i
'D Z
<D -
en > ... I
- ..- .... -. I
.... .~ , .-
,
.. . ~... "'" ~. ...... '." ,
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3,1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right. if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract. and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation. determine the amount for
(~.
--I,:),
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract. actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond. whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA ,!!J
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. NW.. WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
WARNING: Unlicensed photocopying violates U.S. Irademartllawl and II subject to legal prosecution,
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
0'
~',.>
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page,)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED, . AlA ,11;
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. NW., WASHINGTON. D.C. 20006
THIRD PRINTING. MARCH 1987
WARNING: UnllcenHd photocopying vloIat.. U.S. lrademartc laws and Is _bled 10 legal prclMCutlon.
A312.1984 3
.4.i1-~!ft'\i;>{t'g';'~i~1'~~ ~-<iJ.l1:.+;~~~-~~';~~
~. ~~....,:, .~~:-~ ~ ~ ",:"",. W::J~'. .. ..~; ~"'''or.'' .>.~'-" ... "; -.r~ "'f'~,,""II'.~~..,..,.,.,:s: ~:'. ~:"~':-:~'''':;;''''~;::~;;j''0J~Y~ ~.,,:'"";..~O\~r. -"'}'::-'
i~1~' ,I ~ rmST' ASSURANCE ANt> CASUALTY COMPANtrtTD ~.~~~
~~.,. I i.1
- ~
.",j
~..;';:
',:1 jf
.,~~
',: , ::~t~:'
'KNOW AU. MEN BY THESE PRESENTS: That tbc FIRST ASSUltANCEAND CASUAL1Y COMPANY, LTD., 0ftU0D HClUIC, ' 4~~.
.DukeStrcet, GrInd Turk, TlIJbaDd CaicOl BWI, by JCllCJ. Maynanl, Maalgiac Dircctor.ia~ohlllboril:ylJlllllcd by.Baud . if<~~. ..._;
i':;" ,ofDirccton Rcsolution dalccI July ht, 1990, which iJ let forth below baeot'aDd wbichRcaoIutioa iibcrdlf to boia lUll force and effcc:t .,; Wj' ~~:1*\
!..~,":;.':{:?' ,011 tbc date hereof, do hereby 1IIIIDiaale, coostilllle aDd appoint: ' . :~:i,. ~~)\. ".~{'it.~~.\
. ~':~r '......)
~:i:~,l f ...=.'~.::.......;" ..<, " ,:~!Ji',~:,
J.. ". ,j. ..' ~ . '>.=..' , "'" ,~,
ti' ~; :........ 100M - u A_...."'" of - ..........:... ...;.;.:....., .. ....;~::.:...:t.:~.,;;.,:.; _ '1 ~~~l
~f:~~~,~i ~
i:,:,;"' ",' "f:~:~;1 '. ,to aU me=. and purposca, of tbc l'CIpCClivo company at Ibeir oIT~.iaOIUd Turb -Caiooa. ill lbeir;~.--.ClreIIco HOUle, '~f/~ t.~~&,
~ iif'~1!::"':., '::.::":.:W1' "~T~~,~~ '." "",) '. ">~ji;.~~ ~'~'~
S~?~\.3ft1 74~'=~~CCDtcr7301~R~ ~;li'~~~~:~ · '.c,' . 'r.,~~~-'It.;f.{~W'
(~ff i}r:'{~~i': e " ..'~2~:;=:.:~,,_ .. ..:.... >1~t,"~~,
". '." . "" ~..1 ,. .8yroD T'IIIIlcy, A1lonIey at Law '" --....... . , -:':~'., " T.....,l' . - -_ .>.:,k:".~,,::;:"',),
\;;}:'~~~:"q pjf.311 RaDcb Road. 620 Soulb, A1IIIlia, TeW 78734 '.-:'::::" '>0~:":>"":"".'...".-: " , '.. ",~~~~. ,~'" ~: 0
\~'Z:'~).' ~ !!{~!~. i IN WITNESS WHEREoF lbe said MaaaiiqDlRelor' ~:~'~ bla.~ /~ '~:',. --- '~,;~:;)!.:S!
//};';:i)~\:~;'; , ":<~, ..., .....-;'.., . 'C. . :;~~1 ;r:f~i~fi.:,
i}:>" ,.:~.:").j:~ FIRST A CE CA:- ~:r~ .~~~\
;~,~:,~~: . :;t4j~t:;i
-';-:"'.' .,'.-.'.1, \ .On Ibis _2nd day of ADril , 1992 . ORIlbe aublcribcr, _ lbubovo namcdMaaaaiac Dircc:tor 0( lbD Fint 'A--=C aDd r!:~ ~~~~:;'
. - .. 1rr:P ''-'',f'" ;o;.o~~
\;1' . . CuuaI1y Company Ltd., to DIO ~ bawn to be lbe iDdividuala aDd otrlCCB deacribod bercia and wbo elIOCUlIed lbo pnlCCdinc IW~ri,~::=, ~7: ?\,
~~: in:dnancm, aDd tbt...~ each acbowledaed the execution oftbe &IDle, avera1Jy aGd each fOf'bimIeIf dcpcMeda ad uiIh that they are the i /,.' .fI....~ .-.-:' '\
~~~~'. :~.;=~~'::~ore:'.:c~~:~~m:u=::.x.~::=: :-; ~ CI~; .~l~j~
'1' ~. I t\Y'<~ ~;:>>..' :~...';.:ji
~,:;.;j' WITNESS:' ~S~ ,';'~j' ..~'I:"lI'S; e~i,L. :~~;i~~';i;/f
., ADDRESS: _~~_ '--__ "'Lr,~)";F<fLi20.i.~~'!'
.:'~:'j /f!j; ~;l. . . ..,......\
:';,:,' ~ na.C-W "Ii.,; ,,<:,,',' "';\
;:." CERTlFICATB. ,.~ .i '~~::;ilf" ':-f~~\~
:~}j\ I, the UDdcrsigncd certify tbat 1 am tbc Manacinc,Direclor of Fint AIIII_ aDd Cuualty Compay Ltd., _ tbat the . :~~~~~,., .J:~) );:::
\', .' .,"XJ. '.ttacbcd Power of A1lonIey rcmaiDa m fun force and effcc:t, and has DOl been revoked: ADd ful1bermon is - in fun force and c/Tcct. j f'.~'~"'f> . '::;:Y'~y
'~.,;!' '.71 IN TESTIMONY WHEREoF,I have bcrcuato aublCribcd my IUUDO aDd affw:d thc~ Seal oflbe said Company ,";; ,';{ "}/i
: {...."')~j '1' ,Ibis lliL day of Dccember~~ Q 'le.: ~;~"t.~'
; ':;;":,\.11 (~ ",tft,'!~,:::c~ ':\~')~'
.. :, ~ \.,~ , -4 ~7 .J,', .:/.:' .
.:-V." .A~..' "!-<~1~ , ',"~~~ 't~..~?:):;
':,:,." :;~.. (.::~.::, ~...., .&~,~ 1;/;.......
\:L:\. ::~i~;: \~~~: . _ . _ .~.!:^ , : ~~o~ ,~__., ~_ _ _ _ _. _ .',. ,. , ._' _: J,~~::l .if)'}:.-.;!;,>'
l;;i:'~~~~~~~$~:i~1~S~~;:~~~f~!!:;
DoudNo.FA
1901J4S_
, "
POWER OF ATrORNEY
\\.~.~~;:. .
',.........
\",'
;-/-.';';