HomeMy WebLinkAboutHarry Wanket Construction Inc; 1980-12-11; 1086, I
CITY OF CARLSBAD
SAN DIEGO COUNTY
. CALIFORNIA
CONTRACT DOCUMENTS & SPECIFICATIONS FOR
STORM DRAIN AT OCEAN STREET a CEDAR AVENUE
CONTRACT NO, 1085
OCTOBER, 1980
TABLE OF CONTENTS '
PAGE, ITEM
' 1 NOTICE INVITING BIDS
3 PROPOSAL
•6 BIDDER'S BOND TO ACCOMPANY PROPOSAL
7 DESIGNATION OF SUBCONTRACTORS
9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
1.0 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND
EXPERIENCE
11 CONTRACT .
14 LABOR AND MATERIAL BOND
16 PERFORMANCE BOND
18 GENERAL PROVISIONS :
24 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
3:00 p,m. on the 5th day of November , 19_89_, at which
time they will be opened and read for performing the work as
follows: -
STORM DRAIN AT OCEAN STREET $ CEDAR AVENUE
CONTRACT NO. 1086
-Said work shall be performed in strict conformity with the
specifications therefor as approved by the City Council of the
City of Carlsbad on file in the Engineering Department. Refer-
ence is hereby made to said specifications for full particulars
and description of said work.
. . * '
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
ten percent (10%) of the amount of-bid; said guaranty to be for-
feited should the bidder to whom the contract is awarded fail
to furnish the required bonds and to enter into a contract with
the City within the period of time provided for by the bid re-
quirements . ' ' •
The documents included within the sealed bids which require
completion and execution are the following:
1. Proposal
2. Bidder's Bond •
3. Designation of Subcontractors
4. Bidder's Statement of Financial Responsibility
5. Bidder's Statement of Technical Ability and Experience
Said documents shall be affixed with the appropriate nota-
rized signatures and titles of the persons signing on behalf
of the bidder. For corporations, the signatures of the presi-
dent or vice-president and secretary or assistant secretary are
required and the corporate seal shall be affixed to all docu-
ments requiring signatures. In the case of a partnership, the
notarized 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, Divi-
sion 3 of the Business and Professions Code. The contractor
shall state his/her license number and classification in the pro-
posal. The estimated cost of the work is $15
Page 2
Plans, special provisions and contract documents may be
obtained at the Engineering Department, City Hall, Carlsbad,
California, at no cost to licensed contractors for the first
set. Additional sets are available for a non-refundable fee
of$7.00 per set.*-~-Lrj ~-r *
The City of Carlsbad reserves the right to reject any or
all bids and to waive any minor irregularity or informality
'in such bids.
The general prevailing rate of wages for each craft or
type of workperson needed to execute the contract shall be
those as determined by the Director of Industrial Relations
pursuant to the State of California Labor Code, Part 7, Chap-
ter 1, Article 2, Sections 1770, 1773-and 1773.1.
Pursuant to Section 1773.2 of said Labor Code, a current
copy of applicable wage rates are on file in the Office of the
City Clerk of the City of Carlsbad.
It shall be mandatory upon the contractor to whom the
contract is awarded .to pay not less than the said specified
prevailing rates of wages to all workpersons employed by him/
her in the execution of the contract.
•
Also, the prime contractor shall be responsible to insure
compliance with provisions of Section 1777.5 of the California
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 twenty (20) working days or for
specialty contractors not bidding for work through a genSral or
prime contractor involving more than two thousand dollars ($2,000)
or more than five (5) working days. " "
The amount of the bond to be given for the faithful perform-
ance of the contract for said work shall be one hundred percent
(100%) of the contract price therefor, and an additional bond in
the amount equal to fifty percent (50%) of the contract price for
said work shall be given to secure the payment of the claims for
any material or supplies furnished for the performance of the
work contracted to be done by the contractor for any work or labor
of any kind done thereon.
Partial and final payments on this contract shall be in ac-
cordance with Section 9 of the 1979 edition of "Standard Specifi-
cations for Public Works Construction."
Approved by the City Council of the City of Carlsbad, Cali-
fornia, by Resolution No. C> 7>o& adopted on the ~11? day of
-.> 19 go .
Page 3
CITY OF C A P, I, S 3 A I)
CONTRACT NO. 1086
* *
PROPOSAL
City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
The undersigned declares he/she 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, materials, equipment, transportation and services required
to dov all the work to complete Contract No. 1086 in accordance
with the plans and specifications of the City of Carlsbad, and
the special provisions, and that he/she will take in full payment
therefor the following unit prices for .each item complete, to wit:
Item Article with Unit Price or
Ho. '_Lump Sum Written in .Words
1 'STORM SPAIN INLET TYPE A
AT Two Thousand '
_DOLLAR£
CENTSno/oo
PER .EACH
STORM BRAIN INLET TYPE B
AT One Thousand J
Hundred Eighty- 8 DOLLARS
*§ ___ nO/OQ CENTS
PER EACH
18" REINFORCED CONCRETE
Fi f ty-Fiyo -PIPE AT
99/00
_P.OLLARS
CENTS
PER LINEAL FOOT
•' *
TOTAL (IN FIGURES)' 12,607.00
'Approxirfiate Unit
CHiantitv % Unit Price-
2 EACH 2000.00
1 EACH 1888.00
120 L.F.55.99
TOTAL
4000.00
1888.00
671Q.00
TOTAL (IN WORDS) Twelve Thousand Six Hundred Seven'and, on/—=—
Addendum(a) No(s") . t
is/are included in tTTis proposal.
hns/havc been received and
Page 4
All bids are to be computed on the basis of the given es-
timated quantities of work, as indicated in this proposal, times
the unit price as submitted by the bidder. In case of a dis-
crepancy between words' and figures, the words shall prevail.
In case of an error in the extension of. a unit price, the cor-
rected extension shall be calculated and the bids will be com-
puted as indicated above and compared on the basis of the cor-
rected totals.
The estimated quantities of work indicated in this proposal
are approximate only, being given solely as a basis for compari-
son 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 poli-
cies within twenty (20) days from the date of award of contract
by 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, Li--
cense No.. 372072 , Identification A" .-
The undersigned bidder hereby represents as follows: (1)
That no Councilperson, 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 of-
ficers, agents or employees, has induced him/her 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
(2) 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~jcertTf ied" check,bond"
. or cashier's check)
in an amount not less than ten percent (10?0 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 workers' 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
727-6270 ' .
Phone n
-2-9-80
"Date
1433 Alpine Place-?__San_Marco.s'-
~ BTcicier's Addre s s
Harry Wanke^Cqnstructlon.j_..Iii,c.
^f Name
V (SEAL)
'/,,'Chari^s . J. Sohmuckle,- --Secretary- ••
Treasurer " .
jjx^'below names of President,
co^poStion, and names of all co-partners
tfarry' Wanket"- 'President- ' • ...._.. . ''•—
_'• Type of Organisation
.(Individual, Corporation, Co-
Partnership) . •
and Manager if a- _
-partnership:
.Regina Wanke.'t - Vice Presiderrb__
.Charles Schinuckle ~ • Secretary-Treasurer
STATE CF CALIFORNIA,
COUNTY OP
OFflClAL SEAL 3
LeiLani F Heyden 0
NGf.-W pi.lQLIC-C'.L'Vo.'lM!A Rl
i'fJ.r')CIW.L CfFICE ir,j ^
SAN OiEG'J COUNTY ,ft
My Commission Expires tiov 8.1283 »
'
j5"
ON
before me, the undersigned, a Notary Public in and for the said State, personally appeared
- ±*&S&y--.&l&*t*rj?F_ ______________ ......... ___________ known to me to be the
_ President, and ____ ^^ScsMttJCittLl^ _____ _ known to mc
to be the ________ ' __ Secretary of ____ _______
t jatc. ____
the Corporation that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to ms that such Corporation executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
. ft S«e.-Woleottl form ZZI—Rtv.Notaryublic in an<j for said State
Direct a!! correspondence to ~^
AL BARKER BONDS
635 Carondelet Street
i.os Ange'es, California -90057
r?i?i ?^.2if,a 'BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
Page 6
0SM 557 532-1
BID PATE: 17/5/80
and
That we, HARRV WANKET CONSTRUCTION, T'f/C.
AMERICAN MOTORISTS INSURANCE COMPANY
, as Principal,
" , as Surety, are held
and firmly bound, unto the City of Carlsbad, California, in the sum
of ^JWOJTHOUSANP AMP NO/lOO——————————————— Pol lars-
($_2 £d£^Q_Q- __-_-J 5 lawful money of the United States, for the pay-
ment of whT cTT slim ~w e 11 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-bounxien principal for:
STORM DRAIN AT OCEAN STREET $ CEDAR AYFNUE-
CONTRACT NO. 1 OS6
in the City of Carlsbad, is accepted by the City Council of said
City, and if the above-boundcn Principal shall duly enter into
and execute a contract including required bonds and insurance
policies within twenty (20) days from, the date of award of con-.
tract by the City Council of the"City of Carlsbad, being duly
notified of said award, then this obligation shall become nu|l
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 any Principal above named executed this bond
as an individual, it is agreed that the death of any such Prin-
cipal-shall not exonerate the Surety from its obligations under
this bond. .
IN WITNESS WHEREOF, we hereunto set our hands and seals this
29th day of OCTOBER ' , 1.9 SO .
Corporate Seal (if corpn r n tion} HARRV 0/ANKET CONSTRUCTION, INC.
Principal
AMERICAN MOTORIS CE COMPANV
'.ES H. RESTRICT,
ATTORWEV-IN-FACT
A 1.1 a c h a c T; n o w 1 c d t« c m cut of
Attorney in Fact
----- 11 o I jK /i a 1 a c 1; n o w ] e d p, e ir. c n t of
cution by all PRINCIPALS and
SURETY must be attached
Attach Power of Attorney
STATE OF CALIFORNIA,
nr .^ss.
hfflOOC3Oe>OCK;3
urnciAi. st'Ai S|
Leilam F Hyyden §
WOrAnY I'U •<!.!(: CAl \\ I.IHNIA ^
before me, t!ie undersigned, a Notary Public in and for the. said State, personally appeared
________ #<3£&__^/VA//z£7~_ _______ , known to me to be the
__________ President, and_ C^~ *SC.ti.HUC.kt-£~ , known to me
to be the
&'Wy Coroniiisi
NW:i?Ai. OITlOf IN «}
AN IXECU COUNTY " A
niisicn Upira Kav. 8.1'JS2 J|
_ ____ ________________
the Corporation that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its bylaws or a
resolution of its board of directors..
WITNESS my hand and official seal.
«limmiEI!GMi:u-wrp.-nef. I Soc.-Wolconi form Z»~««¥. M4 otary I'ublic in and for said Slate.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ON
me a Notary Public in and for said State, personally appearedmes H. Eastrkk
known to me to he the person whose name is subscribed to the
within Instrument ai the Attorney in Fact of AMERICAN
MOTORISTS INSURANCE COMPANY, and acknowledged to
me that he subscribed the name of said Company thereto as
Surety, and his own name as AttorneY^ Fact.
AMERICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, !L 60049
POWER OF ATTORNEY
Know AH Men By These Presents:
to
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the
State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint ********
Stephen C. Kolb, Mary M. Sullivan, and James H. Restrick of Los Angeles,
California (EACH)******************#*****-*-)fr**
ifs true and lawful agent(s) and attorney(s)-in-fac1, to make, execute,1 seal, and deliver during the period begin-
ning with the date of issuance of this power and ending December 31, 1982, unless sooner revoked for and
on its behalf as surety, and as its act and deed: Any and. all bonds and undertakings provided
the amount of no one bond or undertaking exceeds SIX HUNDRED THOUSAND DOLLARS
(£600,000.00 )*-****##*#**##* **#**-**##-x-*-###-*#*#^
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each
such bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been
duly executed and acknowledged by.its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1982
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said
American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of
which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as
being in full force and effect:
"VOTED, Thai Ihe President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to ap-
point agents and attorneys in lad, and to authorise them to execute on behalf ol the company, and attach the seal of the
company thereto, bonds and undertakings, recognisances, contracts ol indemnity and other writings obligatory in the nature
thereof, and any such ollicer ut Ihe company may appoint agents tor acceptance ol process.'
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Board of Directors of the company at a meeting duly called and held on Ihe 22nd
day of May, 1963:
"VOTED, That Ihe signature ol the President, any Vice Presidenl, Secretary or Assistant Secretary, and the Sea! of the Com-
pany, and Ihe certification by any Secret.m or Assislan! Secretary, may be affixed by facsimile on any power of attorney
executed pursuant to resolution adopted by the Board ol Directors on May 16, 'I962, and any such power so executed, sealed
and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding uponthe Company "
in Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed
and its corporate seal !o be affixed by its authorized officers, this 17th day of September , 19_80_.
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
By
R.H. Johnson, Secretary C. H. Kasbohm, Vice President
STATE OF JLLINO!S>
COUNTY OF LAKE J
I, Martha E. Anderson, a Notary Public, do hereby certify that G.H. Kasbohm and R.H. Johnson personally known to
me to be the same persons whose names are respectively as Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized
signed, sealed with the corporate seal and delivered the said instrumeni as the free and voluntary act of said
corporation and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: February 16, 1984
IM8M.-I 7*) IM
M.irth.1 E. Anderson, NoMry Puhlic
PRINTED IN U.S.A.
, CSRTiFJC&TION
1, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify thai the attached
.Power, of Attorney dated __^ep±e^h$r_lZ.,,-- .198.0 _______ on behalf ofJS±epben C. KollySullivan, ana James H. Res-crick o± LOS Angeles,
• j . j ,u .js a true ancj correct copy and that
the same has been in fuli force and effect since the: date thereof and is in full force and effect on the date of
this certificate; and I do further certify that the saio C.H. Kasbohm and R.H. Johnson who executed the Power
of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached
Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company.
IN TESTIMONY WHERLGF, I have hereunto subscribed my name and affixed Ihe corporate seal of the American
Motorists Insurance Company on this ___ _ _________ day of ___ HJCI-2_S.JSM_ __ __, 19 _____
Sven L. lohanson. Secretary
This Power of Attorney limits the acts of those named therein \o the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
£age 7
•DESIGNATION OF SUBCONTRACTORS
The undersigned certifies he/she has used the subbids of the
following listed contractors in making up his/her bid and that the
subcontractors listed will be used for the work for which they bid,
subject to the approval of the Public Works Administrator, and in
accordance with applicable provisions of -the specifications. Mo
changes may be made in these subcontractors except upon the prior
approval of the Public Works Administrator of the City of Carlsbad.
The following information is required, for each subcontractor. Ad-
ditional page can be attached if required.
Item(s)
of Work
• Full
Company
Name
Complete Address
with 7. in fnrie
Area Code
Phone No
Concrete Dave Sape Construction 280-3650
A/C Scibilia & Sons 281-0959
Page 8
DESIGNATION OF SUBCONTRACTORS (continued)
The "bidder is to'provide the following Information on the
subbids of all the listed subcontractors as part of the sealed
bid submission. Additional, page can ba attached if required.
Full
Company
Name
Type of State
Contracting
License & No,
Carlsbad .
Business
License No.*
Sons
Amount
of
Bid<$ or %)
536.00
Dave .Sape Construction "5888.00
*Licenses are renewable annually by January 1st. If no valid 3.i-
cense indicate "none." Valid license must be obtained prior to
submission of signed contracts. . ; ' '
(NOTARIZE OR CORPORATE'
SEAL)
••. HARRY WANKET CONSTRUCTION, INC.
Bidder's Company Name
J:!33Alpine Place, San Marcos f C.A.. 37069._. „ . : _ ..^_j___
. Harry Wanket - Prei
^,
Sectetary-Tr easur ei
Page 9
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith'a notarized or sealed
statement of his/her financial responsibility.
We will- 'submit: a
contract.
y/Wanket - President •
(NOTARIZE OR CORPORATE SEAL) Ct*f*TJ'' SchmSckle' ' Sectary-Treasurer
(/ '
Skane Accountancy Corporation
Harry l-lanket Construction Inc
Mr. Harrv l-Janket President
1433 filpine Place
San Marcos California 92869
The accompanying balance sheet as of 69/3Q/S9 and the related
statement of operations for the ei?ht months then ended have
been compiled by me.
rt compilation is limited to presenting in the form of finan-
cial statements information that is the representation of manage-
Kent. I have not audited or reviewed these statements and..
accordingly/ do not express an opinion or any other form of
assurance on them.
A. Keith Skane
Certified Public Accountant
10/26/19SQ
9165 San Diego Avenue. Suite 105 » San Diego. California 92110 • [714)291-2799
HARRY UAHKET CONSTRUCTION INC
BALANCE SHEET
AS OF &'Js-3B/8d
ASSETS
CURRENT ASSETS
PETTY CASH
CASH IN BANK- GENERAL
CASH IN BANK- WIMCD
CASH IN SftVINGS-#893
CASH IN SAVIHGS-8321
CASH IN BANK- H.C.C.C.U.
CASH IN BANK-STAR GIRL
CASH IH SAVINGS-IUMCO
ACCOUNTS RECEIVABLE-TRADE
ACCOUHTS RECEIVABLE-EMPL0YEES
NOTES RECEIVABLE-0THERS
CURRENT FORTIQN-N/R-RQLLES
TOTAL CURRENT ASSETS
PROPERTY & EQUIPMENT
OFFICE FURNITURE & EQUIPMENT
ACCUMULATED DEPRECIATION
MACHINES & EQUIPMENT
ftCClWULA TED DEPRECIATION
TRANSPQRTATION EQUIPMENT
HCCUMULA TED DEPRECI AT I ON
LARGE MQRK TOOLS
ACCUMULATED DEPRECIATION
TOTAL PROPERTY £ EQUIPMENT
OTHER ASSETS
DEPOSITS
CASH VALUE- LIFE INS
NOTE RECEIVABLE-ROLLES ET.AL.
L ESS •• CURREN T POR TI ON
TOTAL OTHER ASSETS
$ 100.Od
(6.'557. 11)
8..976. 98
98.63
97.21
10.,561.21
472.44
2.'000. Od
183,883.43
4.. S31.03
27.' 370.00
26.. 615. 00
91f385.86
(32.. 369.00)
4
87,428.31
<68,376.6d).
4
86,288.00
(42,539.00)
j
IS-315.00
<:H.. F63.tf0.>
$
59.. 01 6. 8 6
19,052.31
43,749.80
3. .556. OO
.$ 23..766. 92
750.00
123.. 177.64
(26.. 615. OO)
263,448.82
125..374. 17
121..079.56
TOTAL ASSETS
XSEE ACCOUNTANT'S COMPILATION REPORT.*
$509..902.55
HARRY BANKET CONSTRUCT I OH IHC
LIABILITIES & EQUITY.
CURRENT LIABILITIES
ACCOUNTS PAYABLE-TRADE $ 78,395.38
PROFIT SHARRING PLAN PAYABLE 58,762.28
FUI PAYABLE 17.53
NOTE PAYABLE-EL CAM INO I HUEST. 1@,788.88
SALES TAX PAYABLE 1,415.75.
STATE INCOME TAX PAYABLE 3,815.88
NOTE PAYABLE- SOUTHWEST BK 75.< 888.88 .
CURRENT PORT ION--L-T-L 22,835.88
TOTAL CURRENT LIABILITIES $ 242.-94d.7S
LONG TERM LIABILITIES
W/P H.C.C. CREDIT UNI OH $ 6,937.12
N/-P J.I. CASE 666.29
H.--P SOUTHUEST BANK 8,185.19
A'/P XEROX 3,699.77
N/P IBM 10,895.62
. LEASE PAYABLE-GMAC 19,783.17
W/P N.C.C.CRIEIT UNION(TOYOTA) 6,187.73
H/P MOTOROLA 9,583.37
L ESS •' CUR. PUR. L-T-L ( 22, 835. 88 )
TOTAL LONG TERN LIABILITIES $ 41,763.26
OTHER LIABILITIES
DEFERRED CORP FED INC TX PAY $ 26*276.99
DEFERRED STATE IHC TX PAY 8,168.68
STOCKHOLDER-ADUAHCES (5,182.21)
TOTAL OTHER LIABILITIES $ 29,335.79
TOTAL LIABILITIES $ 313,979.83
STOCKHOLDERS EQUITY
COHHOH STOCK $ 14,868.68
RETAINED EARNINGS 172,218.78
NET INCOME ELOSS3 9,711.94
TO'TAL STOCKHOLDERS EQUITY . # 195,922.72
TOTAL LIABILITIES & EQUITY * _
#SEE ACCOUNTANT'S COMPILATION REPORT.*
CONTRACT REVENUES
LESS' COSTS OF REVENUES
GROSS MARGIN
OPERATING EXPENSES
SALARIES & UAGES
OFFICER'S SALARIES
PAYROLL TAXES
ACCOUNTING
ADVERTISING
AUTO & TRUCK
COMPUTER SOFTWARE
COMPUTER OTHER
CONTRIBUTIONS
DEPRECIATION
DUES & SUBSCRIPTIONS
EMPLOYEE BENEFITS
EQUIPMENT RENTAL
GAS & OIL
FREIGHT
INSURANCE-GENERAL
INSURANCE-AUTO & TRUCK
INSURANCE-GENERAL I
INSURANCE-HEALTH
INSURANCE-OFFICER-' i
INSURANCE-l-lORKERS'i
INTEREST
INTEREST INCOME
LEGAL & COLLECTION
MISCELLANEOUS
OFFICE SUPPLIES & I
OFFICER'S MEDICAL
POSTAGE
PROMOTION & ENTERTf
RENT
REPAIRS & MAINTENANCE
SALE OF ASSETS-(GAIN)
SHOP EXPE-NSE
STAR GIRL NET EXPENSE
TAXES & LICENSES
TELEPHONE
UTILITIES
TOTAL OPERATING EXPENSES-
NET INCOME BEFORE TAXES
PROVISION FOR STATE INC TX
NET INCOME CLOSS3
*SEE ACCOUNTANT'S COMPILATION REPORT.
HARRY UANKET CONSTRUCTION INC
STATEMENT OF OPERATIONS
FOR THE PERIOD 69/01/80 TO 89/36/88
\
CURRENT-PERIOD
AMOUNT
168,682.
IES 82,368.
$ 26,362.
1,377.
11,168.
274.
926.
566.
258'.
2,847'.
1 , 384 '.
1,467.
~:K
ABILITY
358.
.IFE 787.
IP
8,258.
(1,682.
645.
:-ENSE 712.
387.
152.
WENT 1,104.
3,256.
• 455.
> OR LOSS
99.
• (INCOME) 783.
•
523.
546.
CENSES- $ 35,761.
rAXES $ (9,458.rNC TX
$ (9,458.
83
17
66
8Q
68
93
00
1-5
86
88
86
68
86
88
81
88
88
88
87
88
86
86
26
66
88
85)
17
88
94
81
79
91
88
26
66
44
30
06
37
63
87
41)
68
41)
RATIO
188.66
75.78
24.22 *
1.27
16.28
' .25
.85
.47
.88
.88
.24
.88
1.88
.88
1.27
.88
.88
.86
1.35
.86
.88
.32
.72
.08
7.68
(1.48)
.59
.66
.66
.36
.14
1.82
2 99
.42
.88
.89
.65
.88
.48
.58
32 . 93 $
(8.71) $
.88
(8.71) $
YEAR-TO~DhiTE
AMOUNT RATIO
1,128,
901,
226,
17,
62,
1,
5,
2,
16,
2,
3,
12,
5,
3,
5,
18,
(6,
4,
4,
4,
1,
5,
27,
1,
(4,
7,
1,
3,
4,
216,
9,
<
9,
784 .
935.
769.
318.
288.
362.
948.
439.
533.
598.
9* 9 .
214.
165.
819.
551.
18.
863.
231 .
262.
92
168.
123.
888 .
956.
631 .
228.
561.
271.
731 .
581.
216.
288.
887.
949 .
588 .
432.
219.
848.
879.
275.
857.
911.
286 .
711.
96 188.
84 79.
12 28.
35 1.
88 5 .
25
66
51
17
26
87
88
68 1 .
46
67
82
32 '.
43
51 1.
86
54
68
63
86
89 1 .
86) (.
11
88
65
84
16
88
58 2.
25
86) (.
58
74
78
86
79
18 19.
94
86) ( .
94
88
91
89
53
51
12
53
22
05
85
09
62
43
87
23
68
34
82
69
01
46
28
44
0S
65
55)
46
82
42
48
11
47
48
17
48)
84
64
16
34
38
21
88
82)
86
HARRY UANKET CONSTRUCTION INC
LESS: COSTS OF REVENUES
FOR THE PERIOD 03/01.-'SO TO Q9/36/80
MATERIALS
PRODUCTIVE LABOR
PAYROLL TAXES
INSURANCE- UQRKsCQMP
INSURANCE- HEALTH
SUB- CONTRACTS
GAS & OIL
REPAIRS & MAINTENANCE
TRAVEL
SMALL TOOLS
MISCELLANEOUS '
TELEPHONE
DUMP FEES
EQUIPMENT CENTAL
PERMITS & LICENSES
UTILITIES
REPAIRS & MAINTENANCE
TOTAL DIRECT COSTS
I4IHCO SALES
WJWCO COSTS
1-ntiCO INCOME (LOSS)
TOTAL COSTS OF CON REV
*Sf£ ACCOUNTANT'S COMPILATION REPOR
STAR GIRL REVEHUES
SALARIES & MAGES
ADVERTI SIHG
OFFICE SUPPLIES & EXPENSE
RENT
TELEPHONE
UTILITIES
STAR GIRL NET EXPENSE <INCQME)$
C'URRE'NT-PERIOD
AMOUNT
$
$
$
ON
11,
28*
1..
(1..
2,
45,
2..
92..
8,
(1,
- 10..
82,
REPORT
384.
6S3 .
713.
60B.
666.
624.
931 .
66S.
132..
138.5.
107.
214'.
654.
fl9.7
46"! .
554.
500.
• #
588.
348.
269.
74'.
•
80
26.
69
60)
66
65
75
65
66
55
00
00
75
30
62
60
80
62
69
36)
45
17
43
00
00
02
00
71
60
RATIO
16.43
26.41
1.58
( .92)
1.34
42.01
90
2'.46
. 00
.12
.60
.00
.13
.00
.10
. 66
.20
35.32' $
3.19
<1.35)
9.53 $
75.73 $
.54
.37
. 60
.25
.60
. 67
.66
YEAR-TO-DATE
AMOUNT
119..
299..
25,
12 .
17..
413..
4,
11..
2,
2,
912..
36..
75..
16..
961..
7,
7,
5,
fi ,
666
665'.
399 .
566.
1 73 .
120.
276 .
452.
92.
556.
763.
631 .
532.
303.
025.
344.
101.
429.
448.
946.
493.
935 .
231.
146.
337.
563.
256.
962.
136.
76
41
66
66
12
26
53
26
66
26
27
13
66
64
37
S3
22
66
79
97
O*I
84
43
00
12
36
73
43
43
RATIO
1 6 . 66
26.55
2 . 29
1.11
1 .52
36 . 66
.33
1.61
.61
u5
.67
.86
.05
.08
.13
.63
.19
S6.S4
7 . 66
6. 73
.93
73.31
. 64
. 63
.63
.32
.26
.69
.01
703.30 .65 7,213.74 6'4
HARRY WANKET CONSTRUCTION, INC
NOTES TO FINANCIAL STATEMENTS
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The financial statements of Harry Wanket Construction,
Inc. (the Company), a California Corporation, were
prepared on the accrual basis of accounting and in
accordance with generally accepted accounting principles,
No Statement of Changes in Financial Position has been
prepared.
NOTE 2 - PARTIALLY RESTRICTED CASH
Funds on deposit in North County Catholic Credit Union
are restricted. The Credit Union will allow the Company
to borrow up to $12,000 with no restrictions on their
cash balance. Any borrowings, whether secured or
unsecured, in excess of $12,000 will restrict the cash
balance on a dollar for dollar basis.
NOTE 3 - PROPERTY AND EQUIPMENT
Property and equipment are being depreciated over useful
lives ranging from two to seven years, using a combina-
tion of straight line and accelerated methods of depreci-
ation .
NOTE 4 - LONG TERM LIABILITIES
Notes and Contract Payables are comprised of the following
notes:
Payable To
N. C. Catholic Credit
Union 1977 Dump Truck H.88% $432.56 July, 198C
Southwest Bank #3 Mobile Office 11.12% $339.94 Dec., 198;
Xerox Copier 11.00% $110.75 Jan., 198:
GMAC 1978 Mercedes 12.85% $477.55 Aug., 1981
J. I. Case Zieman Trailer 15.68% $165.95 Jan., 198J
I. B. M. IBM Computer 13.00% $432.97 Dec., 198^
Motorola Radio System 18.75% $258.00 Mar., 190L
N. C. C. Credit
Union 1979 Toyota 15.00% $233.52 Mar., 198?
N. C. C. Credit
Union fee NOTE 2 12.00% $477.20 Feb., 198:
page 2
: i
NOTE 5 - INCOME TAXES AND OTHER LIABILITIES
The company has elected to report its income and expenses on a
modified cash basis for Federal and California income"tax purposes.
The provision for income taxes calculates the income tax expense
iising the current Federal and California rates on its income
as reported in the financial statements for all year£. The effec-
tive rate differs from the statutory income tax rates due to
investment, new jobs and non-highway gasoline tax credits the
Company has earned. Tax credits are accounted for on the flow-
through method, The portion of the expense that is currently due
is reflected as a current liability. The deferred portion of the
taxes are shown as Other Liabilities. The company has unused
credits for Federal income tax purposes (as of January 31, 1980) of
$9,430 that is available for years through January 31, 1985.
NOTPJ 6 - PROFIT SHARING RETIREMENT PLAN
The Company has established a Company funded IRS qualified profit
sharing retirement ple.n. The plan provides for contributions
by, the Company in such amounts as the Board of Directors may
determine annually. There is no required minimum contribution.
The Company's contribution to the plan has been:
For the
Year Ended Amount
January 31, 1980 $65,762
; January 31, 19/9 80,025
i January 31, 1978 • 106,558
January 31, 1977 62,808
January 31, 1976 34,608
January 31, 1975 29,643
i
NOTE 7 - WORKMEN'S COMPENSATION INSURANCE
Included in deposits is $20,000 which represents the required
deposit in excess of estimated workmen's compensation'insurance
expense for the y^ar ended January 31, 1980. This is to be
refunded in 1981.
NOTE 8 - NOTE PAYABLE, OFFICER
This represents an unsecured demand note bearing interest at
a rate of 15% per annum to the President/Sole Stockholder of the
Company.
Page 10
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
The Bidder is required to state what work of a similar
character to that included in the proposed contract he/she
has successfully performed and give references, with tele-
phone numbers, which will enable the City to judge his/her
responsibility, experience and skill. An attachment can be
used if notarized or sealed.
El Camino Property Storm Drain - Water - Sewer
Electric 3.4 Million
Anahiem Storm - Water 1.2 Million
Miramar - Storm •••- Water 1.5 Million
President
(NOTARIZE OR CORPORATE
.
SecretarV~Treasurer
Page 11
CONTRACT
fhTHIS AGREEMENT, made and entered into this j/ day o'f
» 19^0, by and between the City of Carlsbad,
California, hereinafter designed as "City", party of the first
part, and Harry Wanket Construction. Inc. _ hereinafter
designated as "Contractor", party of the second part.
WITNESSETH: The parties hereto do mutually agree as fol-
lows:
1. For and in consideration of the payments and agreements
hereinafter mentioned to be made and performed by City, the Con-
tractor agrees with the City to furnish all materials and labor
for:
STORM DRAIN AT OCEAN STREET § CEDAR AVENUE
CONTRACT NO.' 1086 .
and to perform and complete in a good and workpersonlike manner
all the work pertaining thereto shown on the plans and specifica-
tions therefor; to furnish at his/her own proper cost and expense
all tools, equipment, labor and materials necessary therefor (ex."
cept such materials, if any, as in the said specifications are .
stipulated to be furnished by 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
equipment, and doing all the work contemplated and embraced in
this agreement, also for all .loss and damage arising out of the
nature of the \vork aforesaid, or from the action of the elements,
or from any unforeseen difficulties which may arise or be en-
countered in the prosecution of the \vork 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 borned 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 said Con-
tractor to employ, and does hereby employ 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 in accordance with the conditions set forth in the
Page 12
t
specifications; and the said parties for themselves, their heirsrexecutors, administrators, successors and assigns, do hereby
agree to the full performance of the covenants herein contained.
4.. The notice to bidders, instructions to bidders, con-
tractor's proposal, and the plans and specifications, and all
amendments thereof, when approved by the parities hereto, or
when required by the City in accordance with the provisions of
the plans and specifications, are hereby incorporated in and made
a 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 worker needed to exe-
cute the contract and a schedule containing such information is
included in the Notice Inviting Bids and is incorporated by ref-
erence herein.
6. The Contractor shall assume the defense of and indemni-
fy- and hold harmless the City, and its 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.
7. Contractor shall cause the City to be named as an addi-
tional insured on any policy of liability or property damage
insurance concerning the subject matter or performance of this
contract taken out by Contractor.
8. The Contractor shall cause the City to be named as an
additional insured on any workers' compensation insurance policy
taken out by Contractor concerning the subject matter of this
contract. If Contractor has no workers' compensation insurance
policy covering the subject matter of this contract, then Con-
tractor shall either (1) acquire such a policy naming the City
as an additional insured prior to the start of any work pursuant
to this contract or (2) shall assume the defense and indemnify and
save.harmless the City and its officers and employees from all
claims, loss, damage, injury and liability of every kind, nature
-and description which would otherwise be covered by such workers'
compensation insurance policy regardless of responsibility for
negligence. - ' ,
9. The Contractor shall submit to the City the policies
mentioned irn Paragraphs 7 and 8 or proof of workers' compensa-
tion self-insurance prior to the start of any work pursuant to
this contract.
10. Any controversy or claim in an amount up to $100,000
arising out of or relating to this contract or the breach thereof
Page 13
shall be settled by arbitration in accordance with the con-
struction industry rules of the American Arbitration Associa-
tion and judgment upon the award rendered by the arbitrator(s)
may be entered in any California court having jurisdiction
thereof. The award of the arbitrator(s) shall be supported
by law and substantial evidence as provided by the California
Code of Civil Procedure Section 1296.
•IN WITNESS WHEREOF, the parties hereto have caused this con-
tract to be executed the day and year first above written.
Harry Wanket Construction, Inc.
(Notarial acknowledgement of
execution by ALL PRINCIPALS
must be attached.)
Contractor
fseal)
Y, Assistant
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA,
San Diego ss.
OFFICIAL SEAL
LeiLani F Heyden
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires Nov. 8,1S82
ON NnvpmhPr 26
before me, the undersigned, a Notary Public in and for the said State, personally appeared
Harry Wanket , known to me to be the
President, and C. J. Schmuckle , known to me
to be the Treas.- Sectary oL
Harry Wankp.t Construction, Inc.the Corporation that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein 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 my hand and official seal.
ACimnn.ED&MEnr-Mrp.—nu. t S«c.—Wolcottt Form ZZ»-K«v.
"9~^~^>/f-^x—-9 - v- - - •Notary Public in and for said State.
' Page 141 '
LABOR AND MATERIAL BOND "*
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of% *
California, by Resolution No. adppted
has awarded to Harry Wanket Construction, Inc. .
hereinafter designated as the "Principal", a contract for:
STORM DRAIN AT OCEAN STREET $ CEDAR AVENUE
CONTRACT NO. 1086
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/her or its subcontractors shall fail to pay for any ma-
terials, provisions, provender 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 Harry Wanket Construction, Inc.
as Principal, hereinafter designated as Contractor, and
American Motorists Tnsuranrp r.mnpany as Surety, are
held firmly bound unto the City of .Carlsbad in the.sum of Six
Thousand Three Hundred Three and 50/100 Dollars ($A
said sum being fifty percent (50%) 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/her 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.
This bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Section
Page 15
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 Gov-
ernment 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 ad-
ditions to the terms of the contract or to the work to be per-
formed thereunder or the specifications accompanying the same
shall, in any way, 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 any Contractor above named executed this bond
as an individual, it is agreed the death of any such Contractor
shall not exonerate the Surety from its obligations under this
bond.
IN WITNESS WHEREOF, this instrument has been duly executed
by the Contractor and Surety above named, on the 5-^ day of
19
(Notarial acknowledgement
of execution by ALL
PRINCIPALS must be
attached.)
(seal)
AMERICAN MOTORISTS INSURANCE COMPANY
(seal)
I James H.
Surety
Attach acknowledgement of Attorney in Fact.
Attach Power of Attorney.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )
OFFICIAL SEAL
J. M. LEMANTSNE
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission ExpJtog. 2,1982 j
ON DEC - 5 1980 19 before
me a Notary Public in and for said State, personally appeared
H. Restrict
known to me to be the person whose name is subscribed to the
within Instrument as the Attorney in Fact of AMERICAN
MOTORISTS INSURANCE COMPANY, and acknowledged to
me that he subscribed the name of said Company thereto as
Surety, and his own name as Attorney-m Fact.
/
STATE OF CALIFORNIA,
COUNTY t*San
•sooooooooooo
OFFiCIW. SEAL
LeiLani F Heyden
NOTARY PUBLIC CALIFORNIA'
PRINCIPAL OFflCt IN
SAN DIEGO COUNTV
My Commission Expires Hov. 8,1982
—""wws.esa'
ss.
November 26 19M.
before me, the undersigned, a Notary Public in and for the said State, personally appeared
Harry Wanket (known to me to be the
President, and^^.JScjimuckle (|<nown to me
to be the Treas.- Secretary of.
Harry Wanket Construction. Inc.
the Corporation that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein 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 my hand and official seal.
ACKNDWLCDGMENr-Mrp.—PrM. • S«c.—Woleattt Form Z»-*«». 344 Notary Public in and for siid State.
Pase>6
PERFORMANCE BOND „-,
fi
, s.
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Resolution No. • adopted _ _ ,
has awarded to Harry Wanket Construction. Inc. _ . _ ^ _ »
hereinafter designated as the "Principal", a contract for:
STORM DRAIN AT OCEAN STREET $ CEDAR AVENUE
CONTRACT NO. 1086 -
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, Harry Wanket Cons t.rurt.i on t T^r _ ,
as Principal, hereinafter designated as the "Contractor", and
American/Motorists Insurance Company • _ as Surety,
are held and firmly bound unto the City of Carlsbad, in the sum
of Twelve Thousand Six Hundred Seven and no/inn ----------- Dollars
($ .12.60 7_._00 ), said sum being equal to 100 percent (1001) 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 Contractor, his/her or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, con-
ditions and agreements in the said contract and any alteration
thereof made as therein provided on his/her or their part, to be
kept and performed at the time and in the manner therein speci-
fied, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the City of Carls-
bad, 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 specifications accompanying the same shall not
affect its obligations on this bond, and it does hereby waive
Page 17
notice of any change, extension of time, alterations or addition
to the terms of the contract or to the work or to the specifica-
tions.
In the event that any Contractor above named executed this
bond as an individual, it is agreed that the death of any such
Contractor shall not exonerate the Surety from its obligations
under this bond. '
IN WITNESS WHEREOF, this instrument has been duly executed
by the Contractor and Surety above named on the ^/A day of
» 19 yA •
(Notarial acknowledgement
of execution by ALL
PRINCIPALS must be
attached.)
AM^CAN MOTORISTS INSURANCE COMPANY
Z
JameiTH. Reatrick,
(seal)
(seal)
Surety
Attach acknowledgement of Attorney in Fact.
Attach Power of Attorney.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
ON DEC - 5 1980 19 before
me a Notary Public in and for said State, personally appeared
"*. RestrickBBBBBPBBBBBBBBB
OFFICIAL SEAL
J. M. LEMANTiNE
NOTARY PUB'JC - CALIFORNIA
PRINCiPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Exp. Aug. 2, 1982
BBBBBBBBCaaaoaBBB
known to me to be the person whose name is subscribed to the
within Instrument as the Attorney in Fact of AMERICAN
MOTORISTS INSURANCE COMPANY, and acknowledged to
me that he subscribed the name of said Company thereto as
Surety, and his own name as Attorney-m Fact.
/ -/Notary Public &^^^^$^//^^^m^^////m
STATE OF CALIFORNIA,
WUHTY tf
OFFICIAL SEAL
LeiLani F Heyden
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires Hov 8.1982
tOOOOBOaOBBBBBBBBe
ss.
ON
before mej tjre undejrsjgjied, a Notary Public in and for the said State, personally appeared
_ ^d/^gt^/s£J[IL , known to me to be the
it, and <L-3~. *SQ,/-J/1UC/<Le~ known to me
to be the — _Senret?ry of.
the Corporation that executed the within Instrument, known to me to be the pers'ons who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its by-laws or aresolution of its board of directors.
WITNESS my hart* and official seal.
« Stc.—Wtlcottt Form ZZS-Hev.^X NotaffPublic in and for said'State/
Page IS
CITY OF CARLSBAD
CONTRACT No. 1086
General Provisions
1. Definitions
A.. . Reference to Drawlngs: Where the words "shown", "indicated",
... "detailed", "noted", "scheduled", or words of similar import are
used, it shall be understood that reference is made to the drawing
accompanying these provisions unless stated ctherv/ise.
B. 'Directions: Where the words "directed", "designated", "selected",
or words of similar import are used> it shall be understood that
the direction, designation, selection, or similar import of the
architect is intended unless stated otherwise. The word "required"
and words of similar import shall be understood to mean "as required
to properly-complete the. work as required and approved by the City
Engineer" unless stated otherwise.
£• Equals and Approvals: Where the words "equal",."approved equal",
"equivalent" and such words of similar import are used, it shall'be
understood such words are followed by the expression "in the opinion
of the architect" unless otherwise stated. Where the words "approved",
"approval", "acceptable", "acceptance", or words of similar import are
used, it shall be understood that the approval, acceptance, or similar
inrort of the architect is intended.
D. Perform and Provide: The word "perform" shall be understood to mean
that the contractor, at her/his expense, sha.ll perform all operations,
labor, tools and equipment, and further, including the furnishing.and
Installing of materials that are indicated, specified, or required to
complete such performance. The word "provide" shall be understood to
- - mean that the contractor, at her/his expense, shall furnish and install
the work, complete in place and ready for use, including furnishing of
necessary labor, materials, tools, equipment and transportation.
£• Language and Intent: The specification section is written in a modified
brief style consistent with clarity. In general, the words Hhe",
"shall", "will", and "all" are not used. Where such words as "perform",
• "install", "erect", "test", or words of similar import are used, it
shall bs understood that such words include the meaning of the phrase,
"the contractor shall". The requirements indicated and specified
apply to work of the same kind, class and type, even though'-the word
"all" is not stated.
2. Codes and Standards
Standard specifications incorporated in the requirements of the speci-
fications by reference shall be those of the latest edition at the
time of receiving bids. It shall be understood that, the manufacturers
Page 19
Codes and Standards (continued) "
or producers of materials so required either have such specifications
available for reference or are fully familiar with their requirements
as pertaining to their product or material. :
3. Manufacturer's Instructions
Where installation of work is required in accordance with the product
manufacturer's directions, the contractor shall obtain and distribute
the necessary copies of such instructions, including two copies to
the City Engineer.
4. Internal Combustion Engines
All internal combustion engines used in the construction shall be
equipped with mufflers in good repair when in use on the project
(with special attention to'City Noise Control Ordinance Mo. 3109,
Carlsbad Municipal Code, Chapter 8.48).
5. City Inspectors .
All work shall ti under the observation of a City Contruction In-
spector. Inspectors shall have free access to any or all parts of
work at any time. Contractor shall furnish inspectors with such
information as may be necessary to keep her/him fully informer
regarding progress and manner of v/ork and character of materials.
Inspection of work shall not relieve contractor from any obligation
to fulfill this contract.
6. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be
inserted in this contract shall be deemed to be inserted herein and
the contract shall be read and enforced as though it were included
herein, and, if through mistake or otherwise any such provision is
not inserted, or is not correctly inserted, then upon application
of either party the contract shall forthwith.be physically amended
to make such insertion or correction. ,
7. Intent of Contract Documents
The contractor, her/his subcontractors and materials suppliers shall
provide and install the work as indicated, specified and implied by
the contract documents. Any items of work not indicated or speci-
fied, but which are essential to the- completion of the work, shall
be provided at the contractor's expense to fulfill the intent of
said documents. In all instances throughout the life of the contract
Page 20
Intent of Contract Documents (corvtinued)
the City will be the interpreter of the intent of the contract .
documents and the City's decision relative to said intent will be
final and binding. Failure of the contractor to apprise her/his
subcontractors and materials suppliers of this -condition of the
contract will not relieve her/him of the responsibility of compliance,
8. Substitution of Materials ' •
The proposal of the bidder shall be in strict conformity with the
drawings and specifications and based upon the items indicated or
specified. The contractor may offer a substitution for any material,
apparatus, equipment or process indicated or specified by patent or
proprietary names or by names of manufacturer' which she/he considers
equal in every respect to those indicated or specified. The offer,
made in writing, shall include proof of the State Fire Marshal's
approval (if required), all necessary information, specifications and
data. If required, the contractor,at her/his own expense, shall have
the proposed substitute, material, apparatus, equipment or process
tested as to its quality and strength, its physical, chemical or other-
characteristics, and its durability, finish, or efficiency, by a
testing laboratory as selected by the City. If the substitute offered
is not deemed to be equal to that so indicated or specified, then the
contractor shall furnish, erect, or install the material, apparatus,
equipment or process indicated or specified. Such substitution pro-
posals shall be made prior to beginning of construction, if possible,
but in no case less than 10 days prior to actual installation.
9. Record Drawings
The contractor shall provide and keep up-to-date a complete "as-built"
record set of transparent sepias, which shall be corrected daily and show
every change from the original drawings, and specifications and the exact
"as-built" locations, sizes and kinds of equipment, underground piping,
valves, and all other work not visible at surface grade. Prints for
this purpose may be obtained from the Owner at cost. This set of draw-
ings shall be kept on the job and shall be used only as a record set
and shall be delivered to the Owner on completion of the work.
10. Permits
The general construction, electrical and plumbing permits will be
Issued by the City of Carlsbad at no charge to the contractor. The
contractor is responsible for all other required licenses and fees.
Page 21
I1. Quantities in the Schedule
The quantities given in the schedule, for unit price items, are for com-
paring bids and may vary from the actual final quantities. Some quanti-
ties may be increased and others may be decreased or entirely eliminated;
no claim shall be made against the City for damage occasioned thereby or
for loss of anticipated profits, the .contractor being entitled only to
compensation for the actual work done at the unit prices bid.
The City reserves and shall have the right, when confronted with unpre-
dicted conditions, unforeseen events, or emergencies, to increase or de-
crease the quantities of work to be performed under a scheduled unit
price item or to entirely omit the performance thereof, and upon the
decision of the City to so do, the City Engineer will direct the con-
tractor to proceed with the said work as so modified. If an increase
in the quantity of work so ordered should result in a delay to the work,
the-contractor will be given an equivalent extension of time.
12. Safety and Protection of Workers and Public
The contractor shall take all necessary precautions for the safety of
employees on the work and shall comply with all applicable provisions
of Federal, State and municipal safety laws and building codes to pre-
vent accidents or injury to persons on, about or adjacent to the prem-
ises where the work is being performed. He/she shall erect and proper-
ly maintain at all times, as required by the conditions and progress of
the work, all necessary safeguards for the protection of the workers and
public and shall post danger signs warning against the hazards created
by such features of construction as protruding nails, hoists, well holes
and falling materials.
13. Water for Construction
The contractor shall obtain a construction meter for water utilized dur-
ing the construction under this contract. The contractor shall contact
the appropriate water agency for requirements. Contractor shall include
cost of water and meter rental within appropriate items of proposal. No
separate payment will be made.
Page 22
14, Street Closures, Detours, Barricades
The contractor shall not close any street within the City of Carlsbad with-
out first obtaining the approval of the City Engineer. Barricading, traffic
control and detour diagrams shall be submitted by the contractor as required
by the City Engineer.
Prior to road closure, the contractor shall notify the following City depart-
ments at least 24 hours in advance:
Engineering Department - 438-5541
Police Department - 438-5511
Fire' Department - 438-5521
The City will furnish at no charge to the contractor, "Temporary No Parking"
signs to be posted and removed by the contractor. The signs shall be
removed immediately when not required to facilitate the work.
The contractor shall provide and install barricades, delineator warning .
devices and construction signs in accordance with the Model Work Area Traffic
Control Handbook (WATCH) prepared by the Southern California Chapters of the
. American Public Works Association. During adverse weather or unusual traffic
or working conditions, additional traffic devices shall be placed as directed
by the City Engineer, All traffic signs-and devices shall conform to the
current State of California, Department of Transportation, "Manual of Warning
Signs, Lights, and Devices for Use in Performance of Work upon Highways,"
unless otherwise approved by the City Engineer.
Should the contractor fail to furnish a sufficient number of traffic and/or
pedestrian safety devices, the City Engineer will place such necessary items
and the contractor shall be liable to the City for providing such devices in
accordance with the following provisions:
a. For placing of barricades - $5,00 per barricade for the first day
or any part thereof and $2.00 per barricade per day for each day
thereafter or any part thereof. •
b. For flashers, -. $2.50 per flasher for the first day or any part
thereof and $1.00 per flasher per day for each day thereafter or
any part thereof.
c. For traffic cones - $1.00 per cone for each day or any part thereof.
d. In the event that the services of the City are required between the
hours of 6 p.m. and 7 a.m., during the normal week or at any time
on Saturday, Sunday, or a City holiday, there shall be an additional
charge to the above set forth minimums of $25.00 for each service
tfip required.
Judgment as to adequate or sufficient barricading shall be that which
is adequate or sufficient in the opinion of the Engineer. '
»/••-
<* , Page 23
The contractor shall relocate, preserve and maintain the visibility of all
existing signs within the project limits which affect the flow of traffic,
as directed by the City Engineer. Any signs which are damaged or removed
by the contractor during the cour.se of construction shall be replaced by
.the contractor at contractor's expense as directed by the City Engineer.
Payment for all necessary signing and barricading shall be considered
included in the unit-prices bid for the various items of work and no addit-
ional compensation will be made therefor.
15. Surveying
Surveying service for this project shall be performed by the contractor.
Requirements of the contractor pertaining to. this item are set forth in
Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying
service within appropriate items of proposal. No separate payment will be
made.
I «* I
, • , , Page 24
CITY OF CARLSBAD
CONTRACT NO. 1086
SPECIAL PROVISIONS
1. WORK TO BE DONE
The work to be done shall consist of furnishing all labor,
equipment and materials and performing all work on the
operations necessary to complete the work as shown on the
construction plans and as specified in these specifications.
2. PLANS AND SPECIFICATIONS
The specifications for the work consist of the Standard
Specifications of the City of Carlsbad, the 1979 edition
of Standard Specifications for Public Works Cpri-struction
(hereinafter designated SSPWC)as issued by the Southern
California Chapters of the American Public Works Association
and these contract documents and specifications.
The construction plans consist of one sheet designated as
City of Carlsbad Drawing No. 199-7.
3. CONSTRUCTION SCHEDULE
A construction schedule is to be submitted by the contractor
per Section 6-1 of the SSPWC at the time of the preconstruc-
tion conference.
Coordination with the respective utility companies for
removal or relocation of conflicting utilities shall be
requirements prior to commencement of work by the contractor.
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 30 consecutive calen-
dar days from the date of receipt of said "Notice to Proceed."
4. TRENCHING AND BACKFILL '
All trenching shall conform to the requirements of Section
•300 of the SSPWC and to these special provisions. The
contractor shall obtain a right-of-way permit from the City
Engineering Department prior to any construction .within the
City right-of-way.
Where trenches cross pavements sections the contractor shall
saw cut along a straight lines as nearly parallel to the
center line of the storm drain as possible to allow for clean
join lines.
. .* f . • • •
J '" * . Page 25
Backfill shall be compacted to 90% of maximum dry density
as determined by ASTM Test Method No. DJ.557-58T. Less than
4" asphalt concrete on 6" aggregate payment for trenching
and backfill including pavement saw cutting, removal and
disposal shall be considered as included in the unit prices
paid for the various items of work and no additional payment
will be made therefor.
5, TRENCH RESURFACING
Trench resurfacing shall conform to the requirements of
Section 306 of the SSPWC and to these special provisions. . •
Aggregate'base material shall be Class II and conform to
the requirements of Section 301-2 of the SSPWC.
Asphalt concrete shall be Type I-B-AR-4000 and shall conform
to the requirements of Sections 203 and 302 of the SSPWC.
Payment for the resurfacing including the cost of the asphalt
concrete and aggregate base shall be considered included in
the cost of the various items of work and no additional pay-
ment will be made therefor.
6, REINFORCED CONCRETE PIPE
The work shall conform to the requirements of Sections 207-2,
207-11 and 306 of the SSPWC and to these special provisions.
The 18" RCP shall have a. loading classification of 2000-D.
The unit price paid per lineal foot for storm drain pipe
shall include all materials, labor, equipment and operations
necessary to construct the pipe complete and in place, as
shown on the project plans and as specified herein including
trenching, backfill and resurfacing.
7, CONCRETE CATCH BASINS
The work shall conform to the requirements of Section 303-1
of the SSPWC.
Upon completion of the catch basins, the contractor shall
construct asphaltic concrete (type l-B-AR-4000)aprons for
drainage flow into the basins as directed by the Engineer.
The unit price paid for each catch bas.in shall include all
labor, materials, equipment and operations necessary to
construct the catch basin complete and in place as shown on
the project plans and as specified herein, including pipe
connections and asphaltic apron.
Page 26
8. UTILITIES
Handling of the utilities shall conform to the requirements
of Section 5 of the SSPWC.
It shall be the contrator's responsibility to determine the
exact location of all utilities and their service connections
The contractor shall notify the utility companies at least
48 hours in advance of excavating around their facilities.
9. CLEAN UP
Upon completion of construction and before final acceptance
the contractor shall remove all rubbish, trash and debris
from the site resulting from the operation. The site shall
be left in a neat and clean condition acceptable to the
Engineer.