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HomeMy WebLinkAboutL. R. HUBBARD, JR.; 1975-06-13; 1024JIM STEVENS RES. 286-7923 L R. HUBBARD, JR. Concrete Construction 7922 DA6GET STREET SAN DIEGO, CA 92111 714-Z77-93OO CERTIFICATE ISSUED TO » Leon R. Hubbard, Jr. and Hubbard Construction Company 7922 Dagget Street San Diego, California 92111 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 CERTIFICATE OF INSURANCE CO^HUCt n PVCVtOCD INTHJ CO-MPANY WSJGNATrP, ASTOCK INiUfANCE COMfANYiHEteiN CALUD THf COMPANY^ COMPANY HOME OFFICE Industrial Indemnity San Francisco The Co/npony designated above has issued coverage effec- tive as of (he dares and for the periods and limits speeded below and subject to aif terms, conditions, previsions, exclusions ond limitations of the described Bmaers or Policies whether shown by endorsement or otherwise. Any r-^auirements or provisions m any contract or agreement between *he Insured end any other person, firm or corporation wili not be ccn^trjed as er>!argtfiq altering or amending *he definition a* insured or any other terms .or conditions of this certificate or the po'icy designated KIND Or INSURANCE COMPENSATION WORKMEN'S COMPENSATION '• * UASIUTY 3ODILY INJURY LIABILITY --- AoTC'vQciLE BODlLV INJUmiASIUTY -- ' EXCEPT AUTOMOBILE PISOPi-.RTY DAMAGE LIABILITY --- AUTOMOBILE PROPERTY DAMAGE LIABILITY EXCEPT AUTOMOBILE AUTOMOBILE PHYSICAL DAMAGE COMPREHENSIVE FIRE. LIGHTNING A TRANSPORTATION THEFT (BROAD FORM) COLLISION OR Of SET COMPKHIENSIVE. CATASTROPHE LIABILITY COMPREHENSIVE CATASTROPHE __ LIABILITY POLICY , • POLICY NUMBER CB 731-0349 LG 606-8518 , LC 695-9971 POLICY PERIOD EFF 10/1/74 EXPlO/1/75 > EFF10/1/72 EXPlO/1/75 EFF > EXP EFF EXP 2/20/73 10/1/75 •" ' 'LIMITS OF LIABILITY- . . ' - STATUTORY CALIFORNIA COMPENSATION - • • EMPLOYER'S LIABILITY --. $2.000.000 PER OCCURRENCE EACH PERSON $ 100,000 $ EACH OCCURRENCE $ ' 100,000 S EACH OCCURRENCE S 100,000 EACH OCCURRENCE $ 100,000 $ $ $ • S. ACTUALCASH VALUE LESS S $ Ci'jCo S.NGIF L VT Of LIABILPY UNNUAI AGGri 3ATF K,^ - ^ODLiClb rif L* EACH OCCURRENCE 300,000 AGGREGATE 300,000 AGGREGATE 100,000 DEDUCTIBLE EACH OCCURRENCE - 0 EXCESS OF -TJDfcfc triNG'INSURANCE LISTED IN POLICY NUMBER INDICATED. $1,000,000. ' ross Lnder Automooile Phvs,C'sf Dar*>cue Cc^proge j pa jcie cr> mre es*s TIQ,- ccpear -c (Me Nu^ed 'rs.-ed and tn,- L <=r • ^ • c* c A in accoraance -vith LOSS Payable Endorsemenr or reverse side s :ne roiicwing described aur TRADE NAME I SODY TYPE AND MODEL SERIAL NUMBER •;r;.l?7;CN AND LOCATION Of OPERATIONS - (This cctiifkcrte at injuronca MMm offirmoti»«ly or negatively amendi, extends or alien the coverage crffofdcd by the palky described * Includes Longshoremen's and Harbor Workers' Endorsement. , - - . - - • ,-'"•*" *- • "',-', '-.•''" ' ' ' V, .>,""'*«.. x.' i , ' ,. • r- +' * -" Contract No. 1024 - beach access stairway ,Elrn Avenue and Ocean Street - See attached page *'< * - i* - , > * This policy shall not be canceled nor reduced in coverage until after 10 days written notice of such :jncel!ation or reduction in coverage shall have been mailed to this certificate holder. . Cerrified this 29th day of MAY ,' *""75/mjf /oducef;/4^obson-5; Cavignao'Tletcner v L.. -X7,V£>-^-/' •6f^--R.^^,i'« ,- ;°f-fnier-* - .- 'fsSJ?'!*. ">' * .'.3«* ' JfcaPKgT ^isBBw^Bv ^'&" ' r->x •> "- " " ' ''' " MAY 3 0 1975 CITY OF CARLSBAD Engineering Department It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled, materially changed, nor the amount of coverage thereof reduced, nor the policy allowed to lapse until ten (10) days after receipt of a written notice of such cancellation or reduction in coverage by the City Clerk of Carlsbad. The City of Carlsbad is an additional insured but only as respects work performed by the insured for the City of Carlsbad. By Authorized Representative CITY OF CARLSBAD SAN DIEGO COUNTY California CONTRACT DOCUMENTS & SPECIFICATIONS FOR BEACH ACCESS STAIRWAY, ELM AVE. AND OCEAN ST. . . Contract No. 1024 April 1975 TABLE OF CONTENTS 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 7th day of May , 1975 , at which time they will be opened and read, for performing the work as follows: Beach Access Stairway, Elm Ave. and Ocean Street Contract No. 1024 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 -• - ^ 4. Contractor's Financial Status - Page 8 The documents shall be affixed with the appropriate signatures and title; 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 Hall, 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 April 28. 1975 ' In accordance with the provisions of Section 1773 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. 3600. A copy of said Resolution is available in the Office of the City 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./.* Elm Ave. and Ocean Street Contract No. 1024 PROPOSAL . To the City Council City of Carlsbad • . 1200 Elm Avenue Carlsbad, CA 92008 Gentlemen : The undersigned declares that he has carefully 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 1024 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. No. _ Quantity Lump Sum Written in Words Unit Prices in Figures Total Amounts 1.L.S.excavation. & backfill .at $ J. 2. 4. L.S. L.S. L.S concrete steps complete with reinforcing steel & expansion joints at _ galvanized steel pipe railing. at „ * decomposed granite (compacted) & 2" asphaltic paving at TOTAL AMOUNT WRITTEN IN WORDS TOTAL AMOUNT WRITTEN 'IN FIGURES * JJ.74?. Page 4 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 the registration of contractors, License No, I^TJZI Identification . 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 _^ Bond '.._''.' ' ' ' ' (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. Page 5 277-Q.l.nn. Phone Number Mav 7. 1975 Date T..R. TTnhharrl . .T-r. Bidder's Name Authpyize'd Authorized Signature 7922 Dagqet St. San Diego, CA Bidder's Address Individual 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: iv ., , . ' Page 6 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, •'.._, ( That we, T. R wrm-RAKD V.T.R, ' •. * as Principal,\ ' l ' ^ -»---. -ix -_n_ J^ TUT -L -r-_L_r m.-.--.-.. ..-_-i-n andtjnited States Fidelity and Guaranty Company,- as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum of TEN' PFR CENT (10%) OF THE BID Dollars ($ IQ% ) , 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, Elm Ave. and Ocean Street • Contract No. 1024 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 25TH day of APRIL , 19 75 . Corporate Seal (if corporation) L. R. HUBBARD, JR. Principal (Attach Acknowledgement of 1 Attorney in Fact) _ United States' Fidelity and Guaranty Company Surety . . , JennettW. Matlack, Attorn.ey-in-fact • Tile > " ' ' -."•X (Notarial acknowledgement of execution by all PRINCIPALS and SURETY must be attached.) ';'.in'i\'> V ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH m? CALIFORNIA COUNTY OR CITY OF. San Diego (•ss: Before me, a. Notary Public, personally came Bennett W. Matlack - - . - . - -.. « f-i . •• TTT • i i 1-1 » _ , T^* i •«..,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. .---- ]! x7rrv'^x - - ~~-Given! natter iny\ hand aii3 seal:tMs jl/VsT<r"; -\ u••'•••-'-~ A- SAF "" '- •• ' '•'-/ * „ T k'i'c=-q:ssi3n E*?:r^3 Jsn, 13, 1375 \MyCommigsioa-ea^ggs^rF^r^ ,. •~~,--,-^ JW.S7S l»47) • GENERAL'POWER OF'ATTORNEY , : .' '•'.-••• ' ' No 3.52S& ::....... •' - ' • ^ -v- ';• ; Know all Men by these Pretentt: I ; • . • 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 tJalifornia : 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 TV '-. may lawfully do in the premises by virtue of these presents. In Witness 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 2S&" day o£ — February .A.D.1963 , ; , ' >A\V : UNITED STATES FIDELITY AND GUARANTY Cf ' " - •;- V.^o-'V-'-.- , ' - ' • • «| / .,— :•:STATE OFr MARYLAND, { ' . \/ • \ , / '- BALTIMORE QTY, I *:. , , ^ , On this "28* day of February , A. D. -W^S .before me personally cam* - E. G. Hundley , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Win. M. HaTVCy • , Assistant Secretary of said Company, witli 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. K. Harvey were respectmrfy 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 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 . -, " -'-. .: • '. - ' " ';;' "'; :' *':'::""-'- - '.. /.' ' •' "^Notary Public. - - STATE OF MARYLAND/ 1 < '• ; ;' - ; ':• r .;';'•< \ ; : r i'Ti - '. ••- . --!.,.,. ,-•-. BALTIMORE CITY, I ScL ' • v>S ' ^" - - • " . " '• i • . * r I. James F, Carney ' , Qerk of the Superior Conn of Baltimore Gty, which Court ia a Court of Record, and has a seal, do hereby certify that . Ana« Hi O'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 Gty 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 bis genuine signature. r. < " ' . - In Testimony Whereof, I hereto set my hand and affix the seal. of the Superior Court of Baltimore City, the same being a Court of Record, this 28» day of February J '•.•'•''.:'•'' , A?D.io ti3• - f-8 14 (S-S1) -' ' Jt '/CJfrk of the Superior Court of Baltimore City. Copy of Resolution. ....,..- . . . That Whereas* it is necessary for the effectual transaction of business t> ". this Company appoint agents and attorneys with power and authority to act for it and in its name in States other thaon Maryland, and w the Territories of the "Tnited States and in the Provinces of the Dominion of Canada and in the Colony of Nswfound'oad, ' • - 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 Also, in its name and as its attorney or attomeys-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 roles, 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, ' W«. 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 th* office of the Company, at the City of Baltimore, on the llth day of July, A. D. 1910, at which was present a quonaa of said Direciorsj duly authorized to act in the premises, resolutions 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 hare hereunto set my hand and the seal of the UNITED.STAGES FIDELITY AM) GUARANTY COMPANY, this.,-., 2.5 TH i day of APRIL , A. D. 1975. V > . , . ',. .>t*,*,*. , ~\',j-t>,~*-i ."V':-*- ..'-•<- - ..-:*• :tO IS : .1 jw :O L? JH, id•3 ! 4 "i.:; C=> In•9f g £ 1 & »t/ o3 tra Page 7 DESIGNATION OF SUBCONTRACTOR I The undersigned certifies that he has used the subb.ids 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 » 1. //J-^a #*stdurt 2. 3.. 4. 5. 6. Bidder's Name Aut Type of Organization (Individual, Co-Partnership or Corporation) Address Page 8 ' BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE - .' • i.1, ^. (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. The undersigned submits below a statement of the work of similar character to that included in the proposed contract which he has successfully performed. ' ( Page 9 CONTRACT ' ' 71- THIS AGREEMENT, made and entered into this /£ day of _ , 19j^£V 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: 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, Elm Ave. and Ocean Street Contract No. 1024 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 writtg Title Title CITY OF CARLSBAD, CALIFORNIA by // )fiy-^*^? L* ^V^\lt/_J^ Apprpvfed^ as; ;to form: ; " Mayor ATTEST: (Notarial acknowledgement of execution by all PRINCIPALS must be attached.) TO 449 C (Corporation) STATE OF CALIFORNIA COUNTY OF S^V) Vl<?^0 y — i . Sfafp, personally appf^rpn1 rvG \"v** known tn mR to hfi C Cry (-lfir-W~ i SS. rjpfnre mpj thp undprsignpd, Secretary of the corporation that a Notary Public in and for said '^1 a*-«~r P. //<32»rivJexecuted the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS mjs hand and official seal..£ ^list^Name (Typed or Printed) STATE OF CALIFORNIA, COUNTY OF San Diego OFFICIAL SEAL LEE A. DREWERY NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires JAN 24, 1979 OFFICIAL SEAl Virginia M. Smith NOTARr PUBIIC - OMIri . MIINCIP41 OFFICE In ~v SAN DIEG° COUNTYCOMMISSION EXPIRES MAY 9 (This area for official notarial seal) ss. May 29 19 before me, the undersigned, a Notary Public in and for said State, personally appeared George H. Bjyrom, Jr. , known to me, is subscribed to the within Instrument,to be the person whose name 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 * SUBSIDIAHV OF AMER.CAN STATIONERY PRODUCTS CORP. Page 11 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT •WHEREAS, the City Council of the City of Carlsbad, State of California, by Res. No. 3648 adopted May 20, 1975 has awarded to L.R. Hubbard, Jr., an individual hereinafter designated as the "Principal", a contract for: Beach Access Stairway, Elm Ave. and Ocean Street Contract No. 1024 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 Eleven Thousand Seven the City of Carlsbad, in the sum of Hundred Forty-two and 00/100 Dollars ($ 11,742.00 ), 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 as 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 therounder 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 29th day of Mav , 19 75 . . . Bond No. 40-0120.-4468-75 Premium: Included in Performance Bond L,. R. HUBBARD Contractor UNITED STATES FIDELITY AND GUARANTY COMPANY / APPROVED , (Seal) (Seal) Bennett W. Matlack, Attorney-in-fact (Seal) Surety Vincent F. Biondo, Jr. City Attorney STATE OF CALIFORNIA, COUNTY OF San Diego ss. OFFICIAL SEAL LEE A. DREVVc'RY NOTARY PUBUC - CALIFORNIA SAN DIEGO COUNTY My comm. axpiras IAN 24, 1979 ON May 29 19_Z5_, before me, the undersigned, a Notary Public* in and for said State, personally appeared George H» Byrom, Jr. . , known to me, is subscribed to the within Instrument,to be the person whose name 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 * SUBSIDI/ ATTOKNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH (W CALIFORNIA COUNTY OR CITY OF San Diego as: Before me, a 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, aMaryland 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 thefree act and deed of United States Fidelity and Guaranty Company.' -A-j^—A^ •<» ^. ^-*. A—ifc-A-A .*—*- •*- ift -* f. *• it, iV_fh A ft * -*- ifr ^i..i*- Jet * *^ • Al SEALfe?X '#%[? ^mW$m 29th of May ',,-•:.:.'. u'v:C2 IN t •-.:-; ^;-.:o COUNTY h'.'j. Ccrnrrission Dqrrss Ji,.s. 19, 197S f My Commission expires """'*"" "v"'i'- JnL87« 19J1 Public. GENERAL POVTTx OF ATTORNEY No... Know all Men by these Presents: 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 nereoy constitute and appc BEST ORIGINAL of the City of San Diego • , State of California 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 ratines and confirms all and whatsoever the said Bennett W. Matlack may lawfully do in the premises by virtue of these presents. In Witness 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 £' . day of February > A- D- 19 63 UNITED STATES FIDELITY AND GUA^VYfY C. By.. STATE OF MARYLAND, / j / BALTIMORE CITY, j **:. , On this 28* day of February , A. D. -i9rS3 , before me T^r-mally came E. G. Hundley , Vice-President of the UNITED STATES FIDELITY A.ND GUAILANTY COMPANY and Wm. M. Harvey ' , Assistant Secretary of said Company, Kaib 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 £. G. Hundley and Wm. M. Karvey 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 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 / .*/ *y 4" *' '•• - ** Notary Public. STATE OF MARYLAND, BALTIMORE CITY, I, James F» Carney ' , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that 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 cornmissionec 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 Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 28* day of February ' ,A>D. IQ 63 oj the Superior Court oj Baltimore City. f-S 14 (8-61) Copy of Resohifinn, That Whereas, it is necessary for the effectual transaction of business lliat tliis Company appoint agents and attorneys with power and authority to act for it and in its name in State? other than Maryland, and 1.1 ths Territories of the 7nited States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland, Therefore, be it Resolved, that this Company do, aud it heifiiy does, authorize and empower its President or either of its Vice-Presidents in conjunction with its Secretary or one of ii.s Assistar1'. Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact, or agent or events of siid Comjvsny, 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 Also, 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 nntare 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 do'.ng 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, WEI* >i . Harvey , Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, "hereby certify that at a regular meeting of the Board of Directors of iiid Comcar.y. • •!::/ called ?:•! he'd 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 cue*"in <it i?;c Directors, duly authorized to act in the premises, resolutions were passed and entered on the minutes of said Company, ci ...Vn 7.-'-•• ;.,^hni the foregoing is a true'copy and of the whole thereof. In Testimony Whereof, I have hereunto set ray hand and the seal of the UNITED. STATES Flux'.Mil .';M; ;!> iLiXTY COMPANY, this 29th day of May , A. D. 1975 BEST ORIGINAL to w•»•O isi®104•O •O •w•<t>•a!9 ? is:O•pr 3 Q Page 13 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Carlsbad, State of California, by Res. No. 3648 adopted May 20, 1975 ; has awarded to L.R. Hubbard,.Jr. an individual hereinafter designated as the "Principal", a contract for: • Beach Access Stairway, Elm Ave. and Ocean Street Contract No. 1024 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. WHEREAS,.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 Eleven Thousand Seven Hundred unto the City of Carlsbad, in the sum of Forty-two and No/100----------- Dollars ($ 11^742.00 _), 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 29th day of May . , 19 75 . Bond No. 40-0120-4468-75 Premium: $117.00 L. R. HUB BARD. Contractor UNITED STATES FIDELITY AND GUARANTY COMPANY Byt APPROVED KS iTO EORWh (Seal) (Seal) Jennett W. Mat lack. Attorney -in -fact (Seal) -Surety Vincent F. Biondo, Jr. City Attorney ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF CALIFORNIA, COUNTY OR CITY OF SaB Diego !-ss: Before me, a Notary Public, personally came g^enngtt 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 nTiti'rtffMi nf T^'tftjlStetes. Fjffclfty, and Guaranty Company. Given , 19 _Z5_ F~:::~-.Y.L er:=;c= IN £.'.•: o:::.:> COUNTY tTr^s j^.i. 19, 1976 My Commission expires. Jnd.876 (9-S1) STATE OF CALIFORNIA, COUNTY OF San Diego OFFICIAL SEAL IEE A. DREWERY NOTARY PUBLIC - CALIFORNIASAN DIEGO COUNTY My comm.»i(pifes MRjJj<»Wj|j , SS. ON May 29 19_25_, 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 is subscriber! 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 OF ATTORNEY __ JA, _ ,_ .* . ;r| A1! Wa....«.,, i^ .£ 1.^1 -< >%^ .%-.}> <6*J»« *«•«•»«**••••«ORIGINALKnow all Men by these Presents: 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 1. Matlack of the City of San Diego • , State of California . 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 die 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. In Witness 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 ". day of February . A. D. 19 e'3 UNITED STATES FIDELITY AND GTMRANTV 1 By • STATE OF MARYLAND, / t / BALTIMORE CITY, j *:. On this 28* day of February , A. D. -19(63 , before me per.xnatly came E. G. Hundley , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Wm. M. Harvey ' , Assistant Secretary of said Company, vudi 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 £. 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 coiporation; 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 ,-W' **•$""* Notary Public. STATE OF MARYLAND, ) . ; BALTIMORE CITY, j S°L , ' ^'•'"•' I, Jantes F. Carney ' , Glerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Anne M. O'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 commissioneo 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 Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 28* day of February '-...'_-'. , As D.TO 63 : oj the Superior Court oj Baltimore City. *'-S 14 (3-61) Copy of Resolution. That 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 thp.t; Maryland, and u 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 spa!, to appoint any person or persons as attorney or attorneys-in-fact, or agent or sgents of i;;id 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 Also, 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 doirg 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, W®. 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, July called ^.r.d h«'ld 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 rn.">••<.:•-:„•. of s?.-'i r/irectr.rs, July authorized to act in the premises, resolutions were passed and entered on the minutes of said Company, L. >,;,;,.;> ::• :v,.7;; Hie foregoir.ir is a true'copy and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATE3 FIDS COMPANY, this 29th day of May , A, D. 1975. ;,.-,:; IY IGINAL to<o> jw ID jo:M.:O !0 I** 10 ;o in •B |2S i<* iS CD HO •—3•—3 C?i CD Page 15 CITY OF CARLSBAD Beach Access Stairway Elm Ave. and Ocean St. Contract No. 1024 SPECIAL PROVISIONS A. Scope of Work The work consists of furnishing all labor, materials and equipment to construct a reinforced concrete stairway and galvanized steel pipe railing at Elm Avenue and Ocean Street. B. Plans and Specifications The specifications for the work consist of the Standard Specifica- tions 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 Association. The following sections of the S.S.P.W.C. speci- fications 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. 180-9. 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. 1024 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 Excavation 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 1%" • 100 1" 90 - 100 #4 ' 50 - 100 #30 25-55 #200 2 - 11 - and Section 200-2.5.2 of the S.S.P.WiC. 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 sura basis. I. Asphalt Concrete Paving Asphalt concrete paving shall conform to Section 302-5 and Section 400 of the S.S.P.W.C. Asphalt paving shall be seal coated with asphalt emulsion as directed by the Engineer. Payment for this item shall be included with disintegrated granite. Page 17 Contract No. 1024 Special Provisions J. 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. K. Reinforcing Steel Steel used for reinforcing shall meet the requirements of Subsection 201-2. Steel shall be placed in accordance with Subsection 303-1.7. Reinforcing steel shall be placed in accordance with the plan fur- nished by the City. Payment for this item shall be included under Concrete Work. L. Concrete Work and Expansion Joints Concrete steps shall be constructed in accordance with Section 303-1. Portland Cement Concrete shall meet the requirements of Subsection 201-1. Expansion joint material and construction will meet the requirements of Subsections 201-3.2 and 303-5.4.1. Payment for this item will include placing' and removing of forms, placement of reinforcing steel,•placement and finishing of concrete, .and placement of expansion material. Payment shall be made on a lump sum basis. M. Pipe Hand-Railing Steel hand railing shall be fabricated in accordance with Subsection 206-5.1. Shop drawings will be furnished to the City prior to fabri- cation. Galvanizing of the steel hand railing shall conform to the requirements of Subsection 206-7. Installation of the hand railing shall conform to the requirements of Subsection 304-2.1. Payment for this item shall include fabrication, galvanizing and installation and shall be made on a lump sum basis. N. 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. Payment for this item shall be included under excavation and backfill. CITY OF CARLSBAD (714) 729-1181 ENGINEERING'DEPARTMENT 1200 Elm Avenue Carlsbad, California 92008 Job No. TO; All Plan Holders and Prospective Bidders Date May 1, 1975 Via:[~] Messengern ATTN:D Blueprinter Mail Pick-up Other SUBJECT; Contract No. 1024, Elm Ave. 'beach access stairway. Addendum No. 1 We are sending you CHTentative Map DTitle Sheet 0 Tract Map •Q Grading Plans (Herewith Under Separate cover dstreet Plans CD Sewer Plans Qwater Plans f~| Storm Drain Plans nPrints of Q] Transparences of QOriginals of [^Structural Plans QSurvey Plat QTopographic Map PI Specifications S3O.ther the bid package contained an error in the Special Provisions. These are:| As noted AS requested for your approval LJFor your files LXfeor your, use LJFor your information LJPlease return DOther IZJFor signature QFor recheck 3fcatexxa2ceokixx^}8^ Remarks; Please revise Item Nf "Clean Up"of the Special Provisions to read; "All vegetation,form material, excess steel and excess excavated material shall be removed from the site. Payment for this item shall be included under excavation and backfill." Please acknowledge date of receipt of this' Addendum on the bid proposal-. Copy to: Dick Sprehe ^ dE. Assistant/de wjjSjjj//j*\\\fo\)Ssz$ §}mmim REQUESTED BY I AND WHEN RECORDED MAIL TO r Name Street < ; Address City & / State /L -• J I SPACE ABOVE THIS LINE FOR RECORDER'S USE. POWER OF ATTORNEY SPECIAL KNOW ALL MEN BY THESE PRESENTS: That (jointly and severally if more than one), hereby makes, constitutes and appoints.. M£» 9?.°?s.? ?• ?x??.??»' ?.r* ., the undersigned his true and lawful attorney for him and in his name, place and stead and for his use and benefit: *3' '0 act on behalf of Mr. L. R. Hubbard, Jr0 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 _.-S.un_J)JUu;a. On personally appeared. June 18. 1971._, before me, the undersigned, a Notary Public in and for said Stats, JLpfin R known to me to be the person whose name- executed the same."""""''' •"""*"—"~w~vs~v ,r :r> t . subscribed to the within instrument and acknowledged that -be- Huthara J. Cni.k NOIAIir PUBLIC - CAUIOItillA PRINCIPAL OfFICE IN SAN DIEGO COUNTY My Commission Expires Feb. 24, 1974 Barbara J Cook NAME (TYPED OR PRINTED) Notary Public in and for said State. POWE» Of ATTORNEY—Specialfom 1406—ffevisrt 10-6? ^Ttiii standard form covers most usuil problems in the f«M ihdicited. Btfor* r>« sipi, rtsi) It, (III In ill blaitki.•M dirt* ehmj« prnpsr tt ysw transaction. Cuniolt » l»*y«r if y«» *)BSt m w» J Uttw tst fusf (iifstm