HomeMy WebLinkAboutHUBBARD, L R JR; 1974-10-10; 1022CITY OF CARLSBAD
SAN DIEGO COUNTY
California
•' CONTRACT DOCUMENTS & SPECIFICATIONS
LJS
FOR
BEACH ACCESS STAIRWAY, GRAND AVE. AND OCEAN ST.
Contract No. 1022
August 1974
TABLE OF CONTENTS
Paqe
1 NOTICE INVITING SEALED PROPOSALS
3 PROPOSAL
6 DESIGNATION OF SUBCONTRACTORS
7 STATEMENT OF FINANCES
8 BID BOND
9 AGREEMENT AND CONTRACT
11 BOND FOR LABOR AND MATERIALS
13 BOND FOR FAITHFUL PERFORMANCE
15 SPECIAL PROVISIONS
Page 1
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
SEALED BIDS will be received at the Office of the City Clerk, City
Hall, 1200 Elm Avenue, Carlsbad, California, until 10:00 AM on the
4th day of September \ / 1974 , at which time they will be
opened and read, for performing the work as follows:
Beach Access Stairway, Grand Ave. and Ocean Street
Contract No. 1022
No bid will be received unless it is made on a proposal form furnished
by the Engineering Department. Each bid must be accompanied by cash,
certified check or bidder's bond made payable to the City of Carlsbad,
for an amount equal to at least 10 per cent of the amount bid.
The documents included within the sealed bids which require completion
and execution are the following:
1. Proposal - Page 3
2. Designation of Subcontractors - Page 7
3. Bidder's Bond - Page 6 . . _ ._~. . ~.v.
4. Contractor's Financial Status - Page 8
The documents shall be affixed with the appropriate signatures and titles
of the persons signing on behalf of the bidder. For corporations, the
signatures of the President or Vice-President and Secretary or Assistant
Secretary are required and the Corporate Seal shall be affixed to all
documents requiring signatures. In the case of a partnership, the
signature of at least one general partner is required.
All bids are to be compared on the basis of the Engineer's estimate.
The estimated quantities are approximate only, being given solely as
a basis for the comparison of bids.
No bid will be accepted from a contractor who has not been licensed in
accordance with the provisions of Chapter 9, Division III of Business
and Professions' Code. The contractor shall state his license number
and classification in the proposal.
Plans, Special Provisions and Contract Documents may be obtained at the
Engineering Department, City Kail, Carlsbad, California, at no cost to
licensed contractors. A nonrefundable charge of none will be required
for each set of plans, special provisions and contract documents for
other than licensed contractors. It is requested that the plans and
special provisions be returned within 2 weeks after the bid opening.
The City of Carlsbad reserves the right to reject any or all bids and
to waive any informality in such bids.
A project tour will be conducted by the City of Carlsbad Engineering
Department at 10:00 AM on August 26, 1974 .
In accordance with the provisions of Section 1770 of the Labor Code,
the City Council of the City of Carlsbad has ascertained the general
Page 2
prevailing rate of per diem wages in the locality in which the work
is to be performed for each craft or type of workman or mechanic
needed to execute the contract and has set forth these items in
Resolution No. 3361.
A copy of said Resolution is available in the Office of the City v
Clerk in the City of Carlsbad.
Also, the prime contractor shall be responsible to insure compliance
with provisions of Section 1777.5 of the Labor Code of the State of
California for all occupations with apprenticeships as required on
public works projects above thirty thousand dollars ($30,000) or 20
working days.
Page 3
CITY OF CARLSBAD
Beach Access Stairway
(
Grand Ave. and Ocean Street
Contract No. 1022
PROPOSAL
To the City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Gentlemen:
The undersigned declares that he has care-fully examined the location
of the work, read the Notice Inviting Bids, examined the plans and
specifications, and hereby proposes to furnish all labor, material,
equipment, transportation and services required to do all the work
to complete Contract 1022 in accordance with the plans, the specifi-
cations of the City of Carlsbad, and the special provisions, and that
he will take in full payment therefor the following unit prices for
each item complete, to wit:
Item Approximate Items with Unit Prices or Unit Prices Total
. No. _ Quantity Lump Sum Written in Words _ in Figures _ Amounts
1. L.S. excavation & backfill at
2. L.S. concrete steps complete with
reinforcing steel at _
3. L.S. galvanized steel pipe railing
at
L.S. decomposed granite (compacted)
TOTAL AMOUNT WRITTEN IN WORDS _ /£/J / JLJQ (J 5/1/^/3
TOTAL AMOUNT WRITTEN IN FIGURES ff
All bids are to be computed on the basis of the given .estimated
quantities of work, as indicated in this proposal, times the unit
price as submitted by the bidder. In case of a discrepancy between
words and figures, the words shall prevail. In case of an error in
the extension of a unit price, the corrected extension shall be
calculated and the bids will be computed as indicated above and
compared on the basis of the corrected totals.
The estimated quantities of work indicated in this proposal are
approximate only, being given solely as a basis for comparison of
bids ,
The undersigned has checked 'carefully all of .the above figures and
understands that the City will not be responsible for any errors or
omissions on the part of the undersigned in making up this bid,
The undersigned agrees that in case of default in executing the
required contract with necessary bonds and insurance policies within
twenty (20) days from the date of award of contract by the City Council
of the City of Carlsbad, the proceeds of check or bond accompanying
this bid shall become the property of the City of Carlsbad.
Licensed in accordance with the Statutes of the State of California -
providing for the1 registration of contractors, License No,'
Identification A
The undersigned bidder hereby represents as follows: (a) That no
Councilman, officer, agent or employee of the City of Carlsbad is
personally interested, directly or indirectly, in this contract, or
the compensation to be paid hereunder; that no representation, oral
or in writing, of the City Council, its officers, agents or employees,
has induced him to enter into this Contract, excepting only those
contained in this form of Contract and the papers made a part hereof
by its terms, and (b) That this bid is made without connection with
any person, firm or corporation making a bid for the same work, and
is in all respects fair and without collusion or fraud,
Accompanying this proposal is _ /Oj0 £&*}& ..... ...... .......
(cash, certified check, cashier's check
or bond)
in an amount not less than 10 per cent of the total bid price.
The undersigned 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 agrees to comply
with such provisions before commencing the performance of the work
of this contract.
Phone Number
Datfe
Bidder's Address
Page 5
Bidder's Name
(SEAL)
Aunorizedun
Authorized Signature
Type of Organization
(Individual, Corporation, Co
partnership)
List below names of President, Secretary, Treasurer and Manager if a
corporation, and names of all co-partners if a co-partnership:
t (
ATTORNEY-IN-FACT AFFIDAVIT <j=y .
STATE OR COMMONWEALTH OF California.
COUNTY OR CITY OF San-Die<?°-;
Before me, a. Notary Public, personally came.Frank G. Cavignac
known to me, and known to be the Attorney-in-Fact of United States Fidelity and Guaranty Company, a
Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa-
ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order
and authority of said Company's Board of Directors, and that the execution of the attached bond is the
free act and deed of United States Fidelity and Guaranty Company.
Given under my hand and seal this 4th -day oiL_l£ElL
O??ICIAl SEAL
MWRENCE A SAFFER
Lawrence A. Saffer
.74
tary Public.
STATE OF CALIFORNIA,
COUNTY np San Dieqo
i \
GWEWSCWBNCR
NOTAffT PUBUC-CAUK««A
fONOfM omct IN
SAN D!K» COUW
Fab. 26,
ss.
before me, the undersigned, a Notary Public in and for said State, personally appearedGeorge H. B$r6m, Jr.
xsto be the person whose name_
and acknowledged to me that he executed the same.
WITNESS my hand and official seal.
, known to me,
.subscribed to the within Instrument,
Notary Public in and for said State.
ACKNOWLEDGMENT—General—Wolcotts Form 233—Rev. 3-64
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS,
That we, L. R. HUBBARD, JR. _ f as Principalr
and UNITED STATES -FIDELITY AND GUARANTY C
bound unto the City of Carlsbad, California, in the sum of
10% of the bid Dollars ($ ) , lawful money of
the United States for the payment of which sum well and truly to be
made, we bind ourselves, jointly and severally, firmly by these presents,
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH:
That if the proposal of the above-bounden principal for:
Beach Access Stairway, Grand Ave. and Ocean Street
Contract No. 1022
.in the City of Carlsbad, is accepted by the City Council of said City,
and if the above-bounden Principal shall duly enter into and execute
a contract including required bonds and insurance policies within (20)
twenty days from- the date of award of contract by the City Council
of the City of Carlsbad, being duly notified of said award, then this
obligation shall become null and void; otherwise it shall be and
remain in full force and effect, and the amount specified herein
shall be forfeited to the said City.
In the event that any Principal above named executed this bond
as an individual, it is agreed that the death of any such Principal
shall not exonerate the surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 4th
day of September , 19 74 .
Corporate Seal (if corporation)
Principal
(Attach Acknowledgement of
Attorney in Fact)
UNITED STATES FIDELITY AND GUARANTY COMPAI
Surety
c&
Frank G. Cavignac
Title Attorney-in-fact
(Notarial acknowledgement of execution by all PRINCIPALS and SURETY
must be attached.)
Page 7
DESIGNATION OF SUBCONTRACTOR
The undersigned certifies that he has used the subbids of the
following listed contractors in making up his bid and that the
subcontractors listed will be used for the work for which they
bid, subject to the approval of the City Engineer, and in
accordance with the applicable provisions of the specifications
No change may be made in these subcontractors except upon the
prior approval of the City Council of the City of Carlsbad.
ITEM OF WORK SUBCONTRACTOR ADDRESS
2.
3.
4.
5.
6.
Bidder's Name
,
'Signaer e
Type of Organization
(Individual, Co-Partnership or
Corporation)
Address
Page 8
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
TECHNICAL ABILITY AND EXPERIENCE
(The Bidder is required to state what work of a similar character to
that included in the proposed contract he has successfully performed
and give reference which will enable the City Council to judge his
responsibility, experience, skill and business standing.)
The undersigned submits herewith a statement of his financial respon
sibility.
v
The undersigned submits below a statement of the work of similar
character to that included in the proposed contract which he has
successfully performed.
(s-J
It "
It
CONTRACT
THIS AGREEMENT, made and entered into this /Qv day of
r 19 "7"^, by and between the City of Carlsbad/
California, hereinafter designated as the City, party of the first
"' • .-, . \.
part, and L.R. Hubbard, Jr., an individual _ , hereinafter designated
as the Contractor, party of the second part.
WITNESSETH: that the parties hereto do mutually agree, as follows:
-v.
1. For and in consideration of the payments and agreements
hereinafter mentioned to be made and performed by the City, the Con-
tractor agrees with the City to furnish all materials and labor for:
Beach Access Stairway, Grand Ave. and Ocean Street
Contract No. 1022
and to perform and complete in a good and workmanlike manner all the
work pertaining thereto shown on the plans and specifications therefor;
to furnish at his own proper cost and expense all tools, equipment,
labor and materials necessary therefor, (except such materials, if any,
as in the said specifications are stipulated to be furnished by the
City) , and to do everything required by this agreement and the said
plans and specifications.
( . 2. For furnishing all said materials and labor, tools and equip-
ment, and doing all the work contemplated and embraced in this agreement,
also for all loss and damage arising out of the nature of the work
aforesaid, or from the action of the elements, or from any unforeseen
difficulties which may arise or be encountered in the prosecution of
the work until its acceptance by the City, and for all risks of
every description connected with the work; also, for. all expenses
incurred by or in consequence of the suspension or discontinuance of
work, except such as in said specifications are expressly stipulated
to be borne by the City; and for well and faithfully completing the
work and 'the whole thereof, in the manner shown and described in the
said plans and specifications, the City will pay and the Contractor
shall receive in full compensation therefor the lump sum price, or
if the bid is on the unit price basis, the total price for the several
items furnished pursuant to the specifications, named in the bidding
sheet of the proposal, as the case may be.
3. The City hereby promises and agrees with the said Contractor
to employ, and does hereby employ the said Contractor to provide the
materials and to do the work according to the terms and conditions
herein contained and referred to for the price aforesaid and hereby
conditions' set forth in the specifications; and the said parties for
themselves, their heirs, executors, administrators, successors and
assigns, do hereby agree to the full performance of the covenants
herein contained.
4. The Notice to Bidders, Instructions to Bidders, Contractor's
Proposal, and the plans and specifications, and all amendments thereof
Page 10
when approved "by the parties hereto, or when required by the City in
accordance with the provisions of the plans and specifications, are
hereby incorporated in and made part of this agreement.
5. Pursuant to the Labor Code of the State of California, the
City Council has ascertained the general prevailing rates of per diem
wages for each craft or type of workman needed to execute the contract
and a schedule containing such information is included in the Notice
Inviting Bids and is incorporated by reference herein.
6. The Contractor shall assume the defense of and indemnify and
save harmless the City, the City Engineer, and their officers and
employees, from all claims, loss, damage, injury and liability of
every kind, nature and description, directly or indirectly arising
from the performance of the contract or work, regardless of responsi-
bility for negligence; and from any and all claims, loss, damage,
injury and liability, howsoever the same may be caused, resulting
directly or indirectly from the nature of the work covered by the
contract, regardless of responsibility for negligence.
IN WITNESS WHEREOF, the parties hereto have caused this contract
to be executed the day and year first above written.
CIT ARLSBAD, CALIFORNIA
Mayor
ATTEST:
Title
Approved as to J§€»rm:
(Notarial acknowledgement of execution by all PRINCIPALS must be
attached.)
STATE OF CALIFORNIA,
San DiegoCOUNTY OF_
omciAt MAI
GWEN SCRIBNER
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires Feb. 26, 1977
ss.
October 1
before me, the undersigned, a Notary Public in and for said State, personally appeared
George H. Byrom, Jr.
_, known to me,
to be the person whose name i§ subscribed to the within Instrument,
and acknowledged to me that he executed the same.
WITNESS my hand and official seal
Notary Public in and for said State.
ACKNOWLEDGMENT—General—Wolcotts Form 233—Rev. 3-64
r
Name
Street
Addreii
City &
State
RECORDING REQUESTED DY
AND WHEN RECORDED MAIL TO
"1
J
,k^w,^^yy>>^v%%t,U\UV\>-^y//^////>AVVVVVVvV^
I
I
SPACE ABOVE THIS LINE FOR RECORDER'S USE.
POWER OF ATTORNEY
SPECIAL
KNOW ALL MEN BY THESE PRESENTS: That
., the undersigned
(jointly and severally if more than one), hereby makes, constitutes and appoints
e •
his true and lawful attorney for him and in his name, pace and stead and for his use and benefit:
W '0 act on behalf of Mr. L. R. Hubbard, Jre in all matters necessary to
function and control the contracting operations of Mr. Hubbard under
the powers granted by the State of California through his contracting
license (#151763).
GIVING AND GRANTING unto his said attorney full power and authority to do and perform all and every act and thing
whatsoever requisite, necessary, or appropriate to be done in and about the premises as fully to all intents and
purposes as he might or could do if personally present, hereby ratifying all that his said attorney shall lawfully
do or cause to be done by virtue of these presents.
Wherever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular
number includes the plural. ^
WITNESS his hand this /#...?Lday of
STATE OF CALIFORNIA
County of Si un._J)<Lajio „.
June 18. 1Q71On
personally appeared.
., before me, the undersigned, a Notary Public in and for said State,
T.pnn R
known to me to be the person whose name
executed the same.
Wl I NESS my hand
. subscribed to the within instrument and acknowledged that.
NCHAHY I'UBUC - CALIIOHHIA
PRINCIPAL OmCE IN
SAN DIEGO COUNTY
c My Commission Expires Feb. 24, 1974
* — •—-—•—•"-—--•• • ••« ra r r mrtfiL-mfif*fif--^—~**ftemr^*ftn
(9eal)_V,L-— *--.—^'-jjl
Barbara J Cook ~>
NAME (TYPED OR PRINTED)
Notary Public in and for said State.
POWER OF ATTORNEY-SptcillWolcolts form MOB-Revised 10-62
zs^^^
Thii stsndinl form coven most usual problems in ttit field indicated. Before m« sin. rtid It, fll In all blinks,trtd mak« cntrtgtt proper ts your trtnsiction. con»lt t l«wy«r I! y*tt «tmM Ail htS's mm nt tm wtt>«**
Page II
LABOR AND MATERIAL BOND BOIUJ NO. 40-0120-4598-74
KNOW ALL MEN BY THESE PRESENTS, THAT
WHEREAS, the City Council of the City of Carlsbad, State of
California/ by Res. No. 3516 adopted September 17, 1974
has awarded to L.R. Hubbard, Jr., an individual
hereinafter designated as the '"Principal", a contract for:
v
Beach Access Stairway, Grand Ave. and Ocean Street
Contract No. 1022
in the City of Carlsbad, in strict conformity with" the drawings and
specifications and other contract documents on file in the Office of
the City Clerk.
WHEREAS, said Principal has executed or is about to execute said
contract and the terms thereof require the furnishing of a bond with
said contract, providing that if said Principal or any of his or its
subcontractors shall fail to pay for any materials, provisions, pro-
vender or other supplies or teams used in, upon, for or about the
performance of the work agreed to be done, or for any work or labor
done thereon of any kind, the Surety on this bond will pay the same
to the extent hereinafter set forth:
NOW, THEREFORE, WE L. R. HUBBARD, JR.
as Principal, hereinafter designated as
Contractor and UNITED STATES FIDELITY AND GUARANTY COMPANY
as Surety, are held firmly bound unto
Five Thousand Three
the City of Carlsbad, in the sum of Hundred Ninety Five-----. Dollars
($ 5,395.00 ), said sum being 50 per cent of the estimated amount
payable by the City of Carlsbad under the terms of the contract, for
which payment well and truly to be made we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents. -
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the person or
his subcontractors fail to pay for any materials, provisions, provender
or other supplies, or teams used in, upon, for or about the performance
of the work contracted to be done, or for any other work or labor thereon
of any kind, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, that the Surety or Sureties will
pay for the same, in an amount not exceeding the sum specified in the •
bond, and also, in case suit is brought upon the bond, a reasonable
attorney's fee, to be fixed by the court, as required by the provisions
of Section 4204 of the Government Code of the State of California.
Page 12
This bond shall inure to the benefit of any and all persons, companies
and corporations entitled to file claims under Section 1192.1 of the
Code of Civil Procedure so ^s to give a right of action to them or
their assigns in any suit brought upon this bond, as required by the
provisions of Section 4205 of the Government Code of the State of
California.
And the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alterations or additions to the
terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any wise affect
its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alterations or additions to the
.terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this bond as an
individual, it is agreed that the death of any such Principal shall
not exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 25TH day of SEPTEMBER
/ 19 74 •
L. R. HUBBARD, JR.
Contractor
UNITED STATES FIDELITY AND (Seal)
GUARANTY COMPANY
(Seal)
(Seal)
Surety
Bennett W. Matlack, Attorney-in-fact
STATE OR COMMONWEALTH OF_
COUNTY OR CITY OF.
ATTORNEY-IN-FACT AFFIDAVIT
CALIFORNIA
PAN DIFGO •as:
Before me, & Notary Public, personally came Bennett W. Matlack
known to me, and known to be the Attorney-in-Fact of United States Fidelity and Guaranty Company, a
Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa-
ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order
and authority of said Company's Board of Directors, and that the execution of the attached bond is the
free act and deed of United States Fidelity and Guaranty Company.
LAWRENCE A. SAFFER
FU3UC- CALIFORNIA
PRINCTAl OFFICE IN
SAN t.i:OO COUNTY
as Jan.9.976 .
Jot. 876 <M7)
STATE OF CALIFORNIA,
COUNTY OF_San Diego
OFFICIAl
GWEN SCRIBNER
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
^ SAN 01 EGO COUNTY
Commission Expires Feb. 26, 1977
25th September 19 74
otary Public.
I.
before me, the undersigned, a Notary Public in and for said State, personally appeared
to be the person whose name is
and acknowledged to me that _he_ executed the same.
WITNESS my hand and official sea
_, known to me,
.subscribed to the within Instrument,
Notary Public in and for said State.
ACKNOWLEDGMENT—General—Wolcotts Form 233—Rev. 3-64
POWER OF ATTORNEY
No 752S9 ;
Krunc all Men by theie Pretentg: . '
• That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Bennett W. Matlack
-oitheGtyof San Diego \ .State of California , •'_ • •/;:, • .V •
' itt true and lawful attorney in and for the State of . California -'' • : '-
for the following purposes, to wit: . ,"- _•• ' - , • •''•..'' • ' . '
, To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
*n acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Bennett W. Matlack <
•.! niay lawfully do in the premises by virtue of these presents. • -•'..••"•"
In Witnets Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
.'sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 2G»> day of
February , A. D. 19 #3 ' . - .
» i:i; v/i.v<. vV> •:.:.::. . ... - , • : .•'. •..-.. UNITED STATES FIDELITY AND GUARANTY COMPANY,• ';'*• *•'•• 'i ?r •.•'*' ' " "•• "
.-'• j5-^" '"''' ' ''•"•' •
STATE OF MARYLAND, /
BALTIMORE QTY, . J "^ c-:i,r:-.'. ' :..-• .' »•' " ;• • '
On this 28tt day of February , A. D. 19(63 , before me personally came
•'-•'•• •••-•-• E.G.Hundley . Vice-President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Win. M. Harvey ' , Assistant Secretary of said Company, witii both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
that they, the said E» G. Hundley and Wm. M. Harvey were respectively
the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor-
.poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the
teal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora-
tion, and that they signed, their names thereto by like order as Vice-President and ^Assistant Secretary, respectively, of the Company.
My commission expires the first Monday in May, A. D. 19 63
STATE OF MARYLAND,
BALTIMORE CITY,Set
1, James F» Carney
Court of Record, and has a seal, do hereby certify that
, Clerk of the Superior Court of Baltimore City, which Court is a
.Anne M, 0 'Brien , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of. so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I further, certify that I am acquainted' with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature. V> ,-,'.'.'•
' ' •' In Testimony Whereof, I hereto set my hand and affix the seal of toe Superior Court of Baltimore Gty, the same being a Court
of Record, this 28* day of February ^. - ,>*I>. 19 63
•-- - • ••
of the Superior Court of Baltimore City,
Jf-S 14 (8-61)
Copy of Resolution. , . . v,. . .-,., ... ... A-. ..
T/uzZ Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and ia the Territories of the "'nited States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its
Vice-Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or
persons as attorney or attorneys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and
all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performance of contracts
other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings,
or by law allowed, and
Alto, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, .recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board.
body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given,
tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office,
interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or
not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or .under-
taking, or anything in the nature of either of the same.
I, Wm« M . Harvey t Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, "hereby certify that at a regular meeting of the Board of Directors of said Company, duly called and held at
the office of the Company, at the City of Baltimore,.on the llth day of July, A. D. 1910, at which was present a quorum of said Directors,
duly authorized to act in the premises, resolutidns were passed and entered on the minutes of said Company, of which resolutions the
foregoing is a true'copy and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED.STATS FIDELITY AND GUARANTY
COMPANY, this.... -25tli ' dayof September .A.D. 1974.
V
f n,A
PERFORMANCE BOND Bond No. 40-
Premium: $108.00
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Res. No. 3516 adopted September 17, 1974
'" ~r-'~-a-~ ^_ "••-
has awarded to L.R. Hubbard, Jr., an individual
hereinafter designated as the "Principal", a contract for:
Beach Access Stairway, Grand Ave. and Ocean Street ^
Contract No. 1022
in the City of Carlsbad, in strict conformity with the drawings and
specifications and other contract documents now on file in the Office
of the City Clerk of the City of Carlsbad.
V7HEREAS, said Principal has executed or is about to execute said
contract and the terms thereof require the furnishing of a bond for
the Faithful Performance of said contract; •
NOW, THEREFORE, WE, L. R. HUBBARD, JR. •
as Principal, hereinafter designated as
the "Contractor", and UNITED STATES FIDELITY AND GUARANTY COMPANY
as Surety, are held and firmly bound
unto the City of Carlsbad, in the sum of Ten Thousand Seven Hundred Ninety
Dollars ($ 10.790.00 ), said sum being equal to 100 per cent of
the estimated amount of the contract, to be paid to the said City or
its certain attorney, its successors and assigns; for which payment,
well and truly to be made, we bind ourselves, our heirs, executors
and administrators, successors or assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bounden
Principal, his or its heirs, executors, administrators, successors or
assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and agreements in the said
contract and any alteration thereof made as therein provided on his
or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save .harmless the City of Carlsbad,
its officers and agents, as therein stipulated, then this obligation
shall become null and void; otherwise it shall remain in full force
and virtue. . -
And said Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of
the contract or to the work to be performed thereunder or the specifi-
Page 14
cations accompanying the same shall in any wise affect its obligations
on this bond, and it does hereby waive notice of any change, extension
of time, alterations or addition to the terms of the contract or to the
work or to the specifications.
In the event that any Principal above named executed this bond as an
individual, it is agreed that the death of any such Principal shall
not exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 25th day of
SEPTEMBER , 1974 .
L. R. HUBBARD, JR.
Contractor
UNITED STATES FIDELITY AND
GUARANTY COMPANY
(Seal)
(Seal)
(Seal)
Surety
B«nn«tt W. MatUck. Attorn ey-in-fact
ATTORNEY-IN-FACT AFFIDAVIT
STATE OR COMMONWEALTH OF CALIFORNIA
"COUNTY OR CITY m? PAN DIEGO"ss:
Before me, a Notary Public, personally rame Rfmriett W. Matlack
known to me, and known to be the Attorney-in-Fact of United States Fidelity and Guaranty Company, a
Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa-
ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order
&nd authority of said Company's Board of Directors, and that the execution of the attached bond is the
free act and deed of United States Fidelity and Guaranty Company.
September ,19.74
.AWRENCE A. SAFFER
•-• CALIFORNIA
Notary Public.
MyO
lad. 876 <«T)
ss.
STATE OF CALIFORNIA,
COUNTY nF San Diego
OFFICIAl SEAl
GWEN SCRIBNER
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
Commission Expires Feb. 26, 1977
October 1 1924_,
before me, the undersigned, a Notary Public in and for said State, personally appeared
George H. Byrom, Jr. ____
- , known to me,
subscribed to the within Instrument,to be the person whose name is_
and acknowledged to me that he executed the same.
WITNESS my hand and official sea
Notary Public in and for said State.
ACKNOWLEDGMENT—General—Wolcotts Form 23J—Rev. 3-64
GENERAL POWER OF ATTORNEY
No 25269 :
Know all Men by thete Preterits: • *•
• That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Bennett W. Matlack
of the City of San Diego :-. .State of California , ; -r
its true and lawful attorney in and for the State of . California •' . :
for the following purposes, to wit: . ,."- .-• ' , • '•'•". '•-.'*' '.
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
: FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Bennett W. Matlack <
may lawfully do in the premises by virtue of these presents. ' ' - :'.,>•-••
tn Witnet* Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 2C=> day of
February ,A.D.19$3
i ,\ :H'> -<•<• MX v . •• •' • ,-.'.•:.. .--.--. ' ' :. ,•'••;•••: UNITED STATES FIDELITY AND GUARANTY COMPANY-" ' " '
.••, i •''.. v« -. \ ••*
STATE OF MARYLAND, )
• BALTIMORE CITY, | *:, , . P ;:,.-•.. . ,, - ;.
On this 28tt day of February , A.D. 19(63 , before me personally came
'-.'.. E. Q. Hundley ' , Vice-President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Wot. M . Harvey ' , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the Gty of Baltimore, Maryland;
that they, the said E. G. Hundley and Wm. M. Harvey were respectively
the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor-
Deration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the
seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora-
tion, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company.
My commission expires the first Monday in May, A. D. 19 63 xT/••--• • • '•-
STATE OF MARYLAND,' J .'•' - ' .:'.-••• '--, V^. .'- -.;i;''.-<"i ;I(JJ?; .-•-.'..-• :. -•• •',<
BALTIMORE CITY, J ^ '• \;>X ' '' ' ~" :.>>v", V' ' ' • '.
1, James F. Carney ' , Clerk of the Superior Court of Baltimore Gty, which Court is a
Court of Record, and has a seal, do hereby certify that .Anne Mi O'Brien . . • v , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of .so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature. ; < ,-,'.'.
' •' In Teitimony Whereof, I hereto set my hand and affix the seal of toe Superior Court of Baltimore Gty, the same being a Court
of Record, this 28* day of February '--_ ••'•-.. .^D. 19 63 _,. . . - *,- "•--•!»••-» —- ^ < •' . • • IM / *•* >' '- ^55^2^-^ •&".
• •*' '• ':•'.'• ', . . ..-.. ,r.-,t% -j| •-•••vi1;* ;;»''«.••• , 'y^tfk of th« Superior Court of Baltimore City.
t-B 14 (Ml) _• - - . r-
Copy of Resolution.
That If hereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys •with power
and authority to act for it and in its name in States other than Maryland, and ia the Territories of the ~?nited States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
Therefore, be it Resolred, that this Company do, and it hereby does, authorize and empower its President or either of its
Vice-Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or
persona as attorney or attomeys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and
all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performance of contracts
other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings,
or by law allowed, and
Alto, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all
bonds,. recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board.
body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given,
tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office,
interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or
not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or under-
taking, or anything in the nature of either of the same. .*. /• ' " •
I, Win. M. Harvey " ' , Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, "hereby certify that at a regular meeting of the Board of Directors of said Company, duly called and held at
the office of the Company, at- the City of Baltimore,, on the llth day of July, A. D. 1910, at which was present a quorum of said Directors,
duly authorized to act in the premises, resolutidns were passed and entered on the minutes of said Company, of which resolutions the
foregoing is a true 'copy and of the whole thereof.
In Testimony Whereof, I have hereunto set my band aad the seal of the UNITED. STATES FIDELITY AND GUARANTY
COMPANY, this ?5th day of September .A.D. 1974.
•V v;^': *".-."-•-'
.V'1 *>'*• • .w- •**• '
-1 • »'. ;;-'•!••.' ••••-.. '• !• • •.•- j';:-, t"
;c
\* AW
s
;wis
r
10
Is1?Js
a
r ;oi.
I(;f»-
r"
a
<^ i
i
3 .J
5 ^
I 9
1 &13 S
r-v
3o
0!
Page 15
CITY OF CARLSBAD
Beach Access Stairway
Grand Ave. and Ocean St.v
Contract No. 1022
SPECIAL PROVISIONS
.\
A. Scope of Work
The work consists of furnishing all labor, material^ and equipment
to construct a reinforced concrete stairway and galvanized steel
pipe railing at Grand Avenue and Ocean Street.
B. Plans and Specifications
The specifications for the work consist of the Standard Specifications
of the City of Carlsbad, the current Standard Specifications for Public
Works Construction (hereinafter designated S.S.P.W.C.) as issued by
the Southern California Chapters of the American Public Works Associa-
tion. The following sections of the S.S.P.W.C. specifications shall
be utilized for this contract:
Part 1 - all sections
Part 2 - Section 200, 201, 206, 211
Part 3 - Section 300-1, 300-3, 303, 304-2
The construction plans consist of two sheets designated as City of
Carlsbad Drawing No. 177-10.
C. Construction Schedule and Time of Completion
The construction schedule is to be submitted by the contractor per
Section 6-1 of the S.S.P.W.C.
The contractor shall begin work after being duly notified by an
issuance of a "Notice to Proceed" and shall diligently prosecute
the work to completion within thirty (30) consecutive calendar days
from the date of receipt of said "Notice to Proceed".
D. Non-Conforming Work
The contractor shall remove and replace any work not conforming to
the plans or specifications upon written order by the City Engineer.
Any cost caused by reason of his non-conforming work shall be borne
by the contractor.
E. Guarantee
All work shall be guaranteed for one year after completion and any
faulty work or materials discovered during the guarantee period shall
be repaired or replaced promptly.
Page 16
Contract No. 1022
Special Provisions
F. Clearing and Grubbing
All vegetation shall be removed from the area of construction in
accordance with Subsection 300-1. Vegetation outside the construc-
tion area shall be disturbed as little as possible. Payment for
this item shall be included under excavation and backfill.
G. Excavation and Backfill
Ercavation and backfill for the construction of the stairway shall
be performed in accordance with Subsection 300-3. Payment for
clearing and grubbing, excavation and backfill shall be made on
a lump sum basis.
H. Disintegrated Granite
Disintegrated granite will meet the specifications of S.S.P.W.C.
with Section 200-2.5.1 of the S.S.P.W.C. revised to read:
"The material.shall conform to the following gradations:
Sieve Sizes Percentage Passing Sieve
IV 100
1" • 90 - 100
#4 50 - 100
#30 • 25 - 55
#200 2-11
and Section 200-2.5.2 of the S.S.P.W.C. revised to read:
"The material shall also conform to the following requirements:
Test Method No. Minimum
R-value Calif. 301 76
sand equivalent Calif. 217 30
durability index Calif. 229 35
Payment for disintegrated granite material, placement and compaction
shall be made on a lump sum basis.
I. Formwork
All formwork shall be constructed in accordance with Subsection
303-1.3. Removal of forms shall be in conformance with Subsection
303-1.4. Payment for this item shall be included under Concrete
Work.
J. Reinforcing Steel
Steel used for reinforcing shall meet the requirements of Subsection
Page 17
Contract No. 1022 . .
Special Provisions
J. Reinforcing Steel, cont'd.
201-2. Steel shall be placed in accordance with Subsection 303-1.7.
Reinforcing steel shall be placed in accordance with the plan
furnished by the City.
Payment for this item shall, be included under Concrete Work.
K. Concrete Work
Concrete steps shall be constructed in accordance with Section 303-1.
Portland Cement Concrete shall meet the requirements of Subsection
201-1.
Payment for this item will include placing and removing of forms,
placement of reinforcing steel and placement and finishing of
concrete. Payment shall be made on a lump sum basis.
L. Pipe Hand-Railing
Steel hand railing shall be fabricated in accordance with Subsection
206-5.1. Shop drawings will not be necessary. Galvanizing of the
steel hand railing shall conform to the requirements of Subsection
206-7. Installation of the hand railing shall conform to the require-
ments of Subsection 304-2.1.
Payment for this item shall include fabrication, galvanizing and
installation and shall be made on a lump sum basis.
M. Clean Up
All vegetation, form material and excess steel shall be removed from
the site. Excess excavated material may be spread on the site if
approved by City Engineer or removed from the site.
INDUSTRIAL INDEMNITY COMPANY.REVISED
i A STOCK CCMPANY>
HOME OffiCf. JAN FSANC1SCO
.Leon R. Habbard, Jr. and
Hub bard Construction Company
7922 Dagger Street r ;
San Diego, California 92111;
.City of Carlsbad . ' ! :• 'i
,12(30 Elm Avenue ;
.Carlsbad, California 92008
CERTIFICATE
OF
INSURANCE
CERTIFICATE
ISSUED BY .INDUSTRIAL INDEMNITY COMPANY
-P. O. Box 8Q3&5
.San Diego, California ?_2138
INDUSTRIAL INDEMNITY COMPANY has issued coverage effective as of the dates and for the periods and limits specified
b-j>ow and v.ibject to cl! terms, conditions, provisions, sxclusians and limitations of the described Binders or Policies whether shown
by .^r-do'-sernent or otherwise. Any requirements or provisions in any contract or agreement between the Insured and-any other person,
;irrn or corporation will not be construed as enlarging, altering or amending the definition of insured or any other terms or conditions
or this certificate or the policy designated. , .
KIND OF INSURANCE
COMPENSATION
WCV'IMEN'S COMPENSATION *
COMPENSATION and Renewal
WORKMEN'S COMPENSATION
V * LIABILITY
BODILY INJURY LIABILITY—-
AUTOMOBILE
BODILY INJURY LIABILITY-—
EXCEPT AUTOMOBILE
PROPERTY DAMAGE LIABILITY-—
AUTOMOBILE
PROPERTY DAMAGE LIABILITY—-
EXCEP: AUTOMOBILE
^,is*jJTOMO3't.= PHYSICAL DAMAGE
%*»••' COMPREHENSIVE
FIRE. LIGHTNING ft TRANSPORTATION
THEFT (BROAD FORM)
COLLISION OR UPSET
INLAND MAXIN6
Comprehensive Catastrophe
Liability Policv
POLICY NUMBER
, . i\ ' ?-. •
CB 703" 2489CB 703 0349
LG 606 8518
\
LC 695 9971
POLICY PERIOD
rilO/1/73
ExAjO/1/74EFflOAl/74
EXP! 0/1/75
i i (
. EFFlO/1/72
EXPlO/1/75
EFF
EXP.
EFF
EXP
EFF2/20/73
EXPlO/1/75
LIMITS OF LIABILITY
. STATUTORY CALIFORNIA COMPENSATION — • "" •
EMPLOYER'S LIABILITY— $2.000,000 PER OCCURRENCE - ; J
STATUTORY COMPENSATION STATFIS) OF
EMPLOYER'S MABIIITY-— S , , , PFR OTI IPRFN^F
EACH PERSON. EACH OCCURRENCE
$ 100,000. $ 300,000.
EACH PERSON EACH OCCURRENCE
$ 100,000. $ 300,000.
EACH OCCURRENCE
$ 100,000.
EACH OCCURRENCE AGGREGATE
$ 100,000. $ 100,000.
S
$
t
ACTUAL CASH VALUE LESS $ DEDUCTIBLE
$ . • '" "
$1,000,000.
any loss under Automobile Physical Damage Coverage is payable as interests may appear to the
Named insured and the lienholder named below in accordance with Loss Payable Endorsement on reverse5ide.
UENHOISS* .. ** NOTE: Tne City of Carlsbad is an additional insured as respects
the job listed below performed by the Insured.
As respects the following described outomobile(s):
YEAR f TRADE NAME BODY TYPE AND MODEL SERIAL NUMBER
DESCRIPTION AND LOCATION OF OPE3AT1ONS - (This certificate of insurance neither affirmatively or negatively amends, extends or alters the
covoroga afforded by »h* policy described hnrein.)
;>Include3 Longshoremen's and Harbor Workers' Endorsement.
All Operations and Automobiles of the Named Insured and for job:
Contract 1022 - Beach access stairway, Grand Avenue and Ocean Street
thirty (30)»t ^ This policy snail not be canceled nor reduced in coverage until afterX-lxJv days written notice of such can-'
ceiation or reduction in coverage shall have been mailed to this certificate holder.
Cor--.d this 27th dayof SEPTEMBER 194/mjf
iycer .Robson, Cavignac & Fletcher By-Authorized RepresentaMve