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HomeMy WebLinkAboutKen Leingang Excavating, Inc. - Capitol Theatre Alley Repair ., .. «MKS City of a ima Engineering Division Capitol Theatre Alley Repair _� t ►i CAPITDL : Pi \ «r ..ww�.aaarr� '. . • 7: , '• 0. z E ATLIRE j. -- _ t i CTUK E3 3 'Y ROAD i, }/ACTION6 t • 1 air E l ir � L , , C • i► • -- - -•... , i Mk tr., if II I P i 1. 41 4 'Say lr/ : - ; 4 0111•. Construction Contract Specifications & Bid Documents City Project Number 2332 l,l (f r ) ; 129 North Second Street s ' Phone (509) 575 -6111 Yakima, WA 98901 Fax (509) 576 -6314 September 2011 G // 3 0 ? Change Order - � ) City of Yakima Change Order Number 1 Project: (Name) Capital Theater Alley Repair Change Order Date November 7, 2011 (Address) Contract Number 2332 To: (Contractor) rKen Leingang Excavating, Inc. 7 1117 N. 27th Avenue Contract Date October 31, 2011 Yakima, WA. 98902 L_ 1 You are directed to make the following changes in this Contract: Furnish and place 0.08' of leveling course and VS 5 Drain Pavers over entire area in Desert Tan Color. (Approx. 3,000 SF). This will be a Lump Sum Price of $25,775.00 and will include labor, materials, equipment, traffic control and "Use Tax" as directed by the Engineer. This is to be considered as much a part of the contract documents as if it was included in the original con- tract. Not valid until signed by both the Approving Authority and Contractor. Signature of the Contractor indicated agreement herewith, including any adjustment on the Contract Sum or Contract Time. The original Contract Sum was $ 45,750.00 Net change by previous Change Orders • $ 0.00 The Contract Sum prior to this Change Order $ 45,750.00 The Contract Sum will be: 0, Increased ❑ Decreased ❑ Unchanged by this Change Order $ 25,775.00 The New Contract Sum including this Change Order will be $ 71,525.00 The Contract Time will be: 111Increased ❑ Decreased ❑ Unchanged by 5 working days The New Contract Time will be 20 working days Contra r Approval Re • mended App As ed By B �� Construction Supervisor By /I '14 Title /e- Date f/' `// Title City Manager Date G By / ct_ • City Engineer Date ( Date 11 --\ 4 Based on original to: ❑ Contractor Copies to: ❑ Region ❑ Construction Administrator DOT Form 570-001 EF ❑ OSC Accounting ❑ City Engineering KEN LEINGANG EXCAVATING, INC. 1117 No. 27th Ave. Yakima, WA. 98902 Bus. 509 -575 -5507 Fax 509 - 457 -3297 CITY OF YAKIMA November 2, 2011 Engineering Division 129 North Second Street Yakima, WA. 98902 • Atm: Brett Sheffield Re: Capitol Theatre Alley Repair As per our conversation, we are pleased to provide the following. 1) Prep area for new paver section. (Approx. 3,000 s.f.) 2) Furnish and place .08' ofleveling course and VS 5 Drain Pavers over entire area in Desert Tan color. (Approx. 3,000 s.f) 3) Concrete width tq match nearest paver module. (Excludes any additional concrete. Any additional concrete that may be needed will be paid for by line item No. 5 on original bid.) 4) To be performed in (2) mobilizations. 5) Includes necessary traffic /pedestrian control. 6) Includes "Use Tax" on materials as well as performance bond costs. Price: $25,775.00 Our bid excludes the following: • Any engineering, staking, or compaction testing. • Any removal or disposal of unsuitable materials. • Any city fees or permits. • Any sales tax • Thank you, Darren. Leu- • CAPITOL THEATRE ALLEY REPAIR CITY OF YAKIMA JOB NO.2332 INVITATION TO QUOTE CITY OF YAKIMA ENGINEERING DIVISION Contractor: t.< 1 `) C C L t - U kF- 61 SIC c 129 NO. 2ND STREET YAKIMA, WASHINGTON 98901 Phone: 675 "45 PHONE 575 -6111 Address: 111/ 14o • Z7 r4 a. Quotations will be received by the Yakima City Clerk until: 2:00 PM, September 16, 2011 \/14-k( lac l{-, TWA- . aS402. PROJECT SCOPE This contract provides for the resurfacing of the alley adjacent to Yakima's Capitol Theatre as well as other related work all in accordance with the Plans and Specifications as prepared by the City Engineer of the City of Yakima. INSTRUCTIONS TO THE CONTRACTOR Please return your lowest price for the following project by 2:00 p.m., September 16, 2011 to the Yakima City Clerk Office, 1 floor of City Hall. If you have any questions call Brett Sheffield at 576 -6797 or Dana Kallevig at 576 -6605. The city reserves the right to reject any or all quotations and to accept any or all items at the price quoted. The city intends to award this contract within 10 calendar days after bid opening. 1 QUOTE CAPITOL THEATRE ALLEY REPAIR ITEM PROPOSAL ITEM UNIT PRICE AMOUNT NO. PAYMENT SECTION QTY UNIT DOLLARS DOLLARS SPCC PLAN 1 1 -07.15 1 LS ZSo 25& MOBILIZATION 2 1 -09.7 1 LS 3 460 .340o ROADWAY EXCAVATION INCL. HAUL 3 2 -03.5 200 CY ^7 5 l S, oar CRUSHED SURFACING BASE COURSE 4 4 -04.5 176 TON S - 1 5 - Sabo - CEMENT CONCRETE PAVEMENT 5 5 -05.5 60 CY 255 _ ( 5,3c6 SLOPED RAMP 6 8 -14.5 100 SF 2b 2 REPAIR OR REPLACEMENT 7 8 -30.5 1 FA $1,000.00 $1,000.00 TOTAL: "TS; 757) JJ L� Contractor's Signature: Date: / ( 3 CAPITOL THEATRE ALLEY REPAIR CITY OF YAKIMA JOB NO.2332 SPECIFICATIONS GENERAL /SPECIAL INSTRUCTIONS 1. Description of Project: This contract provides for the resurfacing of the alley adjacent to Yakima's Capitol Theatre as well as other related work all in accordance with the Plans and Specifications as prepared by the City Engineer of the City of Yakima. 2. Workmanship: The contractor shall furnish all labor, equipment, and materials, which are necessary to complete the work as described in these specifications. Quality of workmanship shall conform to that which is usually provided by the trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the bidder. A Performance Bond equal to the bid amount shall be required. 3. Regulatory Requirements: The project shall be performed in a manner that is in compliance with all applicable federal, state and local laws and regulations, including, but not limited to, vehicle regulations (WSDOT /HMTUSA/other), environmental laws and regulations (EPA/WDOE /local), and health and safety laws and regulations (OSHA/WISHA/City Safety Codes). 4. Records: The contractor shall maintain operational records at its place of business for a minimum of five years. These records shall include: point of material pick up, type of material, quantity of material. 5. Prevailing Wages: The contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. A. RCW 39.12.010 - The Prevailing Rate of Wage: Contact the Department of Labor and Industries, to confirm current prevailing wage rate for applicable workers on this particular public work project. B. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid: Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each contractor and sub - contractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries. C. RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations: Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the contractor. 6. Termination - Cause: The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement. In addition to the foregoing right of termination, the City may terminate this contract, with or without cause, upon thirty (30) days written notice to Contractor. 7. Right to Award: The City of Yakima reserves the right to make contract award by Schedule or on an all or none basis, whichever is in the best interest of the City. 5 • 8. Submission of Quote: Quote shall be submitted to the City Clerk Office, Yakima City Hall, 129 North 2nd Street, Yakima, WA, 98901, by 2:00 p. m. on September 16 2011 in a sealed envelope labeled CAPITAL THEATER ALLEY REPAIR, CITY OF YAKIMA JOB NO. 2332, with the quote due date written on it. 9. No Disturbance: The contractor shall not disturb grounds or materials outside the sphere of the contracted project. 10. Pre Bid Meeting: No pre bid meeting is scheduled. Bidders can request a meeting with City Engineers by contacting the persons listed below to schedule an appointment. Bidders will not be allowed to adjust their quotes after submission. 11. Coordination: The contractor will coordinate his work with Bruce Floyd at 728 -3457 12. Timing: Successful vendor shall coordinate with contacts listed above as to when work will be accomplished. Work shall be completed within 20 working days. 13. Business License: All bidders shall have a valid and current business license issued by the City of Yakima covering this type of work. It will be the contractor's responsibility to obtain any licenses or permits required, to complete the project. 14. Right to Reject: The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications and which they may deem to be in the best interest of the City and will not necessarily be bound to accept the low quote. 15. No Preferences: No exceptions will be considered that may tend to give an individual bidder a distinct advantage. 16. Contractor's Liability Insurance (Sample Certificate Attached): The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage and automobile coverage with insurance carriers admitted to do business in the State of Washington. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 Per Occurrence $2,000,000 Annual Aggregate The City of Yakima, its agents, elected and appointed officials, and employees are to be listed as additional insured under the policies. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 45 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contract shall also maintain workers compensation through the State of Washington. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 6 17. Repair or Replacement: This work shall consist of repair of any incidental damages to landscaping, fencing, private irrigation, top soil, turf or other miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the Engineer. Payment for "Repair or Replacement" shall be made by force account. For the purpose of providing a common proposal for all bidders, and for that purpose only, the City has estimated the force account for "Repair and Replacement ", and has arbitrarily entered the amount for the pay item in the proposal to become a part of the total bid by the Contractor. 18. Compliance with Immigration and Naturalization Act The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other City contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E- Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E- Verify will be used for newly hired employees during the term of the contract only; it is not to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. If the contractor has not previously filed an E- Verify Compliance Declaration with the City, the contractor must sign the attached E- Verify Compliance Declaration and submit it to the City prior to being awarded the contract. Failure to do so may be cause for rejection of the bid. 19. Access Maintenance Contractor shall construct project in such a way that allows security vehicles access at all times into bank security entrance. See plan sheet 3 for detail. Contractor may be required to grant access to adjacent building entrances to occupants when requested. The Contractor will submit a progress plan to Engineer that shows access being maintained at all times. 20. Sloped Ramp Sloped Ramp shall meet the requirements of section 8 -14.2 of WSDOT publication "Standard Specifications for Road, Bridge, and Municipal Construction 2010 ". Sloped ramps details are on plan sheets 2 and 3. Sloped Ramp will be measured by the square foot and will include all costs incurred for plan, preparation, materials and instillation of the sloped ramps. Sloped Ramp will be paid for by the square foot. 7 CONTRACT W THIS AGREEMENT, made and entered into in triplicate, this Tall day of c , 2011, by and between the City of Yakima, hereinafter called the Owner, and KEN LEINGANG EXCAVATING, INC. a Washington Corporation, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $ 45,750.00, for Capitol Theatre Alley Repair, City of Yakima Project No. 2332, all in accordance with, and as described in the attached plans and specifications and the 2010 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Twenty (20) working days. The first chargeable working day shall be the 11th working day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non - performance of the services, duties and obligations required of it under this Agreement. IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OF YAKIMA CONTRACTOR this 7 day of ate , 2011. 4 CEri.r!' 9 , a 2 Corporation Contractor i �in / _J By: City Manage Attest: z4E 4:i 0".", 4 , A (Print Name) e City Clerk . t Its: ••• ® (President, Owner, etc.) * S EAL Address: /// 7 ,t% 27 g SHIN = 7 PERFORMANCE BOND BOND TO CITY OF YAKIMA Bond No. 2143231 KNOW ALL B THESE PRESENTS: ' '�.Lt_ �ti ..,f T FiESC That we, the undersigned, Ken Leingang Excavating, Inc. North American Specialty a Washington Corporation as Principal and Insurance Company _ a corporation organized and existing under the laws of the State of New Hampshire __,as a surety corporation, and waffled under the laws of the Slate of Washington to become surety upon bonds of contractors Wth municipal corporations, as surety are jointly and severally held and firmly bouno to the CITY OF YAKIMA in the penal sum of $ 45 , 750 .0 0* for the payment of which sum on dernand we bird ourselves and cur successors, t'e:rs, aomnistrators or persona! representatives. as the case may be. *Forty Five Thousand Seven Hundred Fifty and 00 /100 Dollars This nnlicatinn is entered ,nto in pursuance of the statutes of the State of Washington, the Ordinances of the CITY Op YAKIMA. P DATED at Yakima, Washington, this Z day of lep'f . 2Q t I. Nevertess, the conditions of the above obligations are such that: WHEREAS, pursuant: to action taken by the Yakima City Council on /G■ . , 20 /I. the City Manager and City Clerk of the CITY OF YAKIMA has let or is about to let to the Said Ken Leingang Excavat I. , the above bounded Principal, n a co hec r i e r c • Capitol Theatre Alley Repai a certain contract, the said Ct°?nt:aCi being numbered _._ : and ' }�rv' :l.l ;l� tGr Hof Yakima Prnj Pnt Nn i.a,7 _____ iwhicn contract s referred to herein and is made a parr hereof as though attached iueret3L and, WHEREAS, the said Principal has accepted, or is about to accept. the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOIN THEREFORE, if the said _ Ken Leingan9 Excavating, Inc. shall faithfully perform all if the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, sub cont.acte :s and uiutsiiai men, and ail pwsons :vho shall supply said principal or sub contractors with provisions and supplies for the carrying on of said work, and shall hold said CITY OF YAKIMA, its employees, agents, and elected or appointed officials, harmless from any damage occasioned any person or property by reason of any carelessness or negligence on the, part of sale principal, r any sub-contractor V perf t i t;� a_ s. it ; ce n f d oI he t I, p, in the performance g said 's �� rin, fie, n..,,^1 I r a, h d the CITY � !�` YAKIMA., is employees, agents, and e.ectedd or appointed officials, harmless from any damage cr expense by reason of failure of performance as specified in saio contract or from defects appearing or developing in the material or workmanship provided or Performed under said contract within a period of one year after its acceptance thereof by the CITY OF YAKIMA, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. Ken_Leingang Excavating, Inc. (Contractor) J 6y. Gd�.� ./�,?it.v G., _ (Print Name) Approved ■ form: its: vc. 44„_4,4,,--- (President,'Owner, etc...) / � ityAttorney) North American Specialty Insurance Company / ( rr•ty) Lillian T e (Print Name; Its: Attorney in Fact 11 4 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY TI -IESE PRESENTS, TI -IAT North American Specialty Insurance Company. a corporation duly organized and existing under laws of the State of New I- Iampshire, and having its principal office in the City of Manchester. New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg. Illinois, each does hereby make, constitute and appoint: STUART A. O'FARRELL, KAREN P. DEVER, SUSAN B. LARSON, LILLIAN TSE, SCOTT FISHER, JILL A. BOYLE,❑ l_I DEANNA M. MEYER, BENJAMIN L. WOLFE, ELIZABETH R. HAHN, JANA M. ROY and SCOTT McGILVRAY JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact. to make. execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24 of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President. any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds. undertakings and all contracts of surety. and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTI -IER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.' J ��4 \ \ I „ tG \ I ALIrV,, y �0� } yQGOPPOa�r 4/ ` ji % jj ( j L ^ �.- ° apR ?o.. s By i r 46 /t, G s SEAL : T") Stesen P. Anderson, President & Chief Executive Officer of Washington International Insurance Company �•, SEAL 'Ts 0: e �. iZ 1973 O &Senior Vice President of North American Specialty Insurance Company = O: �ip��NpN sO .` .7 � e 4 ' ` ua �i�urnulluuu\ \ \` —. 4%„1/4. •"/ . . _ David M. Lay nan, Senior Vice President of Washington International Insurance Company n000' & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to he signed by their authorized officers this 15th day of September 20 I I North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 15th day of September 20 111 , before me, a Notary Public personally appeared Steven P. Anderson . President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman . Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL U JILL NELSON NOTARY PUBLIC• STATE OF ILLINOIS D. Jill N Ison.Notary Public AMY COMMISSION EXPIRES:08I03J12 I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company. do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WETNESS WHEREOF. I have set my hand and affixed the seals of the Companies this W„i' da of 20 ti . James A Carpenter. Vice President & Assistant Secrelar■ of Washington International Insurance Companv & North American Spectalt■ Insurance Compans ,4CC)R ° CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 09/28/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Parker, Smith & Feek, Inc. PHONE FAX 2233 112th Avenue NE INC. No. Extl: 425- 709 -3600 (A/C, No): 425 - 709 -7460 E-MAIL Bellevue, WA 98004 ADDRESS: PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A : Continental Insurance CO. Ken Leingang Excavating, Inc. 1117 N. 27th Ave. INSURER B : Continental Casualty Company Yakima, WA 98902 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE. MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR, WVD POLICY NUMBER IMMIDDIYYYY) (MM /DD/YYYYI A GENERAL LIABILITY C2074847407 11/1/2010 11/1/2011 EACH OCCURRENCE $ 1.000. DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY r PREMISES (Ea occurrence) $ 1 non X CLAIMS -MADE X OCCUR X MED EXP (Any one person) $ 5 PERSONAL & ADV INJURY $ 1.000.000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 2,000.000 7 POLICY n PRO- LOC $ JECT AUTOMOBILE LIABILITY C2074847360 11/1/2010 11/1/2011 COMBINED SINGLE LIMIT 1,000,000 B (Ea accident) X ANY AUTO i �r r BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) X NON -OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION C2074847407 11/1/2010 11/1/2011 TORYLA O R LIMITS X E A AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN p Gap ( Em p to y ers E.L. EACH ACCIDENT $ 1,000,000 N / A OFFICER/MEMBER EXCLUDED? I •` WA Stop (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under CPR-IAI PPrn/LCinNS hpinw E.L. DISEASE - POLICY LIMIT $ 1,000.000 DESCRIPTION OF.OPERATIONS / LOCATIONS /-VEHICLES.(Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Capitol Theatre Alley Repair; City of Yakima Project No. 2332 -;City of Yakima, __ *, their agents,femployees, and elected and appointed officials shall be additional insureds underGerieral Liability as per endorsement G= 17957 - G.edition 01 /2001 Additional insured under ..... (See Attached Description) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Yakima Dept of Community and Economic Development AUTHORIZED REPRESENTATIVE 129 North • Yakima, Street ry Yakimaa, , WA A 98901 I ©1988- 2009 ACORD CORPORATION . All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 1 of 4 KENLEING (KE000) DESCRIPTIONS (Continued from Page 1) Automobile Liability shall be as per policy form, terms and conditions. 2 of 4 KENLEING (KEU00) • POLICY NUMBER: C2074847407 G- 17957 -G CNA (Ed. 01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS- COMPLETED OPERATIONS HAZARD ". SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: As per certificate on file with Underwriters. (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section ID is amended 10 2. The Limits, of Insurance applicable 10 the include as an insured any person or organization, additional insured are those specified in the including any person or organization shown in the written contract or written agreement or in the schedule above, (called additional Insured) whom you Declarations of this policy, whichever is less. are required to add as an additional insured on this These Limits of Insurance are inclusive of, and not policy under a written contract or written agreement; in addition to, the Limits of insurance shown in the but the written contract or written agreement must be: Declarations. 1. Currently In effect or becoming effective during the 3. The coverage provided to the additional insured term of this policy; and by this endorsement and paragraph f. of the 2. Executed prior to the "bodily injury," "Property definition of "insured contract" under d DEFINITIONS (Section _� do not apply to "bodily damage," or "personal and advertising injury". injury" or property damage arising out of the B. The insurance provided to the additional Insured is "products - completed operations hazard" unless limited as follows: required by the written contract or written 1. That person or organization is an additional agreement. When coverage does apply to 'bodily for liability due to your negligence Injury° or "property damage" arising out of the insured solely ty y products- completed operations hazard" such specifically resulting from "your work" for the coverage will not apply beyond: additional insured which is the subject of . the written contract or written agreement. No a. The period of time required by the written coverage applies to liability resulting from the sole contract or written agreement; or negligence of the additional insured. G- 17957-G Page 1 of 2 (Ed. 01/01) KENLEINICERTI O(E02) 3 of 4 KENLEING (KEU00) G- 17957 -G (Ed. 01/01) b. 5 years from the completion of your work" on (1) Give written notice of an occurrence or an the project which Is the subject of the written offense to us which may result In a claim contract or written agreement, or "suit" under this insurance; whichever is less. (2) Tender the defense and indemnity of any 4. The insurance provided to the additional Insured claim or "suit" to any other insurer which does not apply to "bodily injury," "property a has i for a l we cover damage," or "personal and advertising injury" under this Coverage e Part; and loss arising out of an architect's, engineer's, or (3) Agree to make available any other surveyor's rendering of or failure to render any Insurance which the additional Insured professional services including; has for a loss we cover under this a. The preparing, approving, or failing to prepare Coverage Part. or approve maps, shop drawings, opinions, f. We have no duty to defend or indemnify an reports, surveys, field . orders, change orders additional insured under this endorsement or drawings and specifications; and until we receive written notice of a claim or b. Supervisory, or inspection activities performed "suit" from the additional insured. as part of any related architectural or 2. Paragraph 4.b. of the Other Insurance Condition is engineering activities. deleted and replaced with the following: C. As respects the coverage provided under this 4. Other Insurance endorsement, SECTION IV — COMMERCIAL b. Insurance GENERAL LIABILITY CONDITIONS are amended as follows: This insurance is excess over any other 1. The following Is added to the Duties In The Event insurance naming the additional {neared of Occurrence, Offense, Claim or Suit Condition: as an insured whether primary, excess, contingent or on any other basis unless a o. An additional insured under this endorsement written contract or written agreement will as soon as practicable: specifically requires that this insurance be either primary or primary and noncontributing. G- 17957 -G Page 2 of 2 (Ed. 01/01) KENLEIN\CERT10(E02) 2 4 of 4 KENLEING (KEU00) • . =.), - . BID BOND FORM Herewith find deposit !n the form of a certified uheok, cashiers choob, or cash In the amount of $ rhio» amount io rot iuua than five. percent of the tom! bid. Sign Here. __ BID BOND KNOV'! ALL MEN BY THESE PRESENTS: That we, Ken Leingang Excavating, Inc. . as principal, and North American Specialty Insurance Comp""' . ,as Suro|y, are held and firmly bound unto the City of Yokimo. as Db|igee. in the penal sum of Five Pecent (s%) of Total Amount Bid Do||ars, for the oaymeoi of r::ich the Principal and the Surety utrd themse|ves. :heir hers. exemu\uro, administrators. successors and assigns, jointly and severaUy, oy(heao presents. The condition of this ob|igaUon is such that if the Obligee shall make any aw/ord to the Principal for Capitol Theatre Alley Repair, City of Yakima Job No. 2332 . accordinc to the terms of Inc proposal or bid made by the Principal therefor, and Uhe Principal shall duly make and enter into a contract with the Obligee in accordance with the terms ofaoid proposal or bid and award and nha|l give bond for the faithful porfnrmanne tnereof. with Surety or Sureties aporovod by the Dh|iQoe; or if the Principal nhaU, in case of failure so to dn, pay and forfeit to the Ohgee the penal amount of the deposit specified in the call for bido, then this obligation shall be null and vomi: otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damaaes, the amount of this bond. SIGNED. SEALED AND DATED THIS 16th DAY OF September . 20 11 °"'' ^° � ~ oille ---~—� -----�� | - • mo= h am 'tv Insurance c_na=' ir Surety Lillian T"°, Attorney in Fact ,. — -------''---'---'---'--'---'--'------------'------ -----'--'----'--- .2O ' Received reture of deposit in the sum of $ _ / 117 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, TI-IAT North American Specialty Insurance Company. a corporation cluly organized and existing under laws of the State of New Hampshire. and having its principal office in the City of Manchester. New Hampshire, and Washington International Insurance Company. a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: STUART A. O'FARRELI--. KAREN P. DEVER, SUSAN 13. LARSON, LILLIAN TSE, SCOT"1' FISHER. JILL A. BOYLE,❑ ❑ DEANNA M. MEYER, BENJAMIN L. WOLFE, ELIZABETH R. 1- fAl -IN, JANA M. ROY and SCOTT McGILVRAY JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make. execute. seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may he required or permitted by law. regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION (550,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24 of March, 2000: "RESOLVED, that any two of the Presidents. any Managing Director. any Senior Vice President, any Vice President, any Assistant Vice President. the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on hehal f of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." � p y m, • Q.pH l ig lF G� o a l ( ' Q - a ... ... ' s G 4 1 3 _ y ? SEAL m o Steven 1'. Anderson, President & Chief Eyecuti.e Officer of Washington International Insurance Company' •' SEAL ;7-„.z. i 1 973 to; n = & Senior \'ice President of North American Specialty Insurance Company = 2 : [T 1 /�N nnnIH Ni V \\\` a By .. *... f �intL'nd .J9Ntl D. yid \I. 1_ayman, Senior Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 15th day of December 20 10 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook Ss: On this 15th day of December 20 10 . before me, a Notary Public personally appeared Steven P. Anderson . President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice ('resident of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers ()land acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL' DONNA D. SKLF_NS ^ �! O' _k;c,f Notary Public, State of Illinois My Commission Expires 10/06)2011 Donna D.. .ens. Notary Public 1, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company. do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF. 1 have set my hand and affixed the seals of the Companies this 16th day of September . 20 11 . James A Carpenter. Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Comp:m• • 1 AUGUST 2011 � „„..������t YAKIMA , ~~ l ,_ $-k` � ��ER S S ti F, N CAPITOL THEATRE ALLEY REPAIR i .... • ��� �� P °� CITY OF YAKIMA JOB NO. 2332 • V ' 39407 �� j J )J �� RE �� cc #00 •• ��� SS I O NAL E�� • r 01 . e ' � ' e ' • � o a SHEET INDEX „. .\ ._\ i i 1 � 111 xxx� . ... ~ ~ ~~ \ - -- - ` / ALL SECT ON & DETAIL 2 ALLEY PLAN SHEET 3 ,„s \ •,,,., ,..., __ _B___ CAPITOL THEATRE ALLEY • oN J _— M MO , V UN i 2 3 • 1�i _ ■ ❑ - na1 -�T, litik\VIS mm�m � -- H. : ice■;,♦ - _ _ =— H ! � � ���� - i on m� �� �t . ., . . _. � � =IPIVPIENINI ' .`; ' II inga ----- - • • ---, ,,--,‘, l'\:;N,I 7.w. 'iminc.,Niztz-1 --7,7 _mim EEtt;Rt140 'c■,0 1 - C- Lamm � �� _ — _ __�m� ego ���,, , , m m mma i _ r L . � � 4� .� m� m ,T ∎ � mill iP� ® wli _ ■ H - r \— - ���I lewd a iB � mm � L lusimeriq -T ... II_ 11�� CS1amml ■�� ,� — - - H �' IF lmnli�7 a m I m= _ - --\ - I,,, . -- , ..„,„‘: , r 1.1IIIIIIIHEN I riuumu•um I ! `. 11 to ._ [pp, ❑- ' Illlllm��� w il l 11: W1' I __ -. ,,, T 11 I NI IIIIII : - m"""mill .\ \ ,, , , . \.. , .11 ■ .ill I IIL�_ -_ -_I \ ■1 II _Hi a . i ■ ■ ' ■ 1111- _ - - -- .117I ■ ❑■.0. ; --. --• ---, • H • I I in moill UM:1i _Lill: l ° nom' m 1_ 1_ I - PLAN DISCLAIMER � — it V■ , N UNDERGROUND FEATURES SHOWN HEREON REPRESENT AI'1111 �r > BEST AVAILABLE INFORMATION AS OBTAINED FROM LOCAL — L D _��� w I I , RECORDS AND VISIBLE SURFACE EVIDENCE. THE CONTRACTOR — LL - , , ; IS CAUTIONED TO VERIFY THE LOCATION AND DEPTH OF ALL " ° `; O o� _ - ;'a =' UNDERGROUND FACILITIES. STATE LAW REQUIRES THAT ALL a� I I_._ >: EXCAVATION WORK MUST BE PROCEEDED BY NOTIFICATION TO 0 _ MU u ALL OWNERS OF UNDERGROUND FACILITIES THROUGH A ONE _ o I i S ` T Mil 1 NUMBER LOCATOR SERVICE: 1- 800 - 553 -4344 ALLEY CROSS SECTION DOOR RAMP DETAIL BUILDING EXISTING DOORWAY ALLEY ROADWAY SURFACE ♦• . 2' OR 4' 4 • SEE PLAN SHEET *4 4 • � �4 * CAPITOL BUILDING ∎•. 5.0 9.75' 5.0' k THEATRE •4 BUILDING PLAN VIEW • 4 N 17 t" �,♦♦ �� —�----- ' -- . BUILDING 1 1 1 1 1 1 1 1 1 1 1 • . 0.58' CSBC L I L 1 CONCRETE PAVERS BY 1 .�. _. . OTHERS I _ 1.0' ROADWAY EXCAVATION 1 i_ 1 T -- L_ _i -- INCL. HAUL I 1 1 1 ; — r ; - -- - 0.33' CSBC L I __ BUILDING -- L EXISTING DOORWAY - _ _ _ ___ - 1 HEIGHT AND WIDTH VARIES 0.67' CEMENT CONC. PAVEMENT _ s - _ 1 1 J` 1 1 1 EXISTING DOORWAY \\ EBER Sy i . 4 - g- t k 1 1 1 1 1 1 - L- ' __ �_ �; � �� � � ° v wASy ��.; 1 1 1 1 1 1 I ��= • m � ,�, o o . 1 1 1 - ,-I- I -- - -- - � ' ■ r 1 1 _ t SEE PLAN SHEET ( Qj' - - - J - i �� 1 ^ . 1 4 , 39407 'z- ,�'+i 1 I 1 VARIES 2' -8' ALLE( ROADWAY SURFACE VARIES p.$. • Q G ) / ( V ALLEY CONC. SURFACE —, ' , , SI(3I PdAL -' C) ,,- PROFILE VIEW SIDE VIEW -e "'� C Of Yakima CAPITOL THEATRE ALLEY REPAIR Project Eng: BHS Drawing Scales ALLE 2 A nti Engineering Division Drawn By: DMK Horizontal = N/A SECTION & ° • 129 North Chkd. By: BHS Vertical = N/A Second CITY OF YAKIMA PROJECT NO. 2332 DETAIL 3 ai DATE REVISION BY Yak ima, Wasttmgton ` % / ;` / %/ / / / // /BUI i /` / / / // /` / / / / // /` / / / / // / / / // /' / / ,// / / / / / / // / / / / / / / // / / / / / / // / / / / / / / / / / / / / / / / / / / ` / UTI�TY PPOLE / / 3.1 WIDE X 2 3' DEEP PLATE I DOOR I WOOD BOX COVERED HOLE DOOR RAMP 1 RAIL PROTECTED JTILITIES DOOR RAMP DOOR RAMP ATTACHED TO UTILITY CONCRETE SLAB NOT TO BE DISTURBED H rT� NOT TO BE DISTURBED 4.5'X4' L _ 6.5'X4' 6.5'X4' BUILDING w �� METAL PLATE COVERED HOLES CEMENT CONCRETE PAVEMENT NOT TO BE DISTURBED w I_ CONCRETE PAVERS TO BE INSTALLED BY OTHERS Cr) SAW CUT V CONC. EDGING Z Q 1— 0 w WEST SIDE w x w _ CEMENT CONCRETE PAVEMENT _ CONCRETE PAVERS TO BE INSTALLED BY OTHERS 1- c Phi ' Q 12' I I DOOR RAMP I , 67X2' fI I DOOR 6 RAMP Xr I C r N / / / / / / / / 1_ 1 / / / / / / / / / / / / / / / / 1 DOOR r/ / / / / \FIRE ESCAPE STAIRCASE / ` / ` / / / UTILI' OUNTEj / // / / / / // / / // / / i / / / / / / / // // / // / l / / / /` / / // / / / / % / / / // // / CA PIT j.= // /` / / ` / / / ' / // / / /// / /, // / H EATRE / / /7 / // / // ; / / // // / / / / // / // / / // / // / / // / / / / / / // % / !/ / / // / // // / ,/ / / / / / / //` / // / / / / / / / / / / // , / / / / / / / /' / / // / � N2' / BANK SECURITY ENTRANCE. ACCESS MUST BE MAINTAINED FOR / / / / / / / / /B lJ'I�L D'�' ` ? / / / / / / / / / / / SECURITY TRUCK AT ALL TIMES. CONSTRUCT ONE SIDE (EAST OR WEST) AND ALLOW TO CURE // PRIOR TO DISTURBING OTHER SIDE. / / / / // ` // / ,/ / / / / / / / / / / // % // / / / / 0 0 0 0 0 0 I 1 DOOR L ( UTILITIES 1 BAY GARAGE DOOR 1- w w CEMENT CONCRETE PAVEMENT (/) CONCRETE PAVERS TO BE INSTALLED BY OTHERS 0 J Z Q w • UTILITY MH • UTILITY MH EAST SIDE WE BER S R-5-11 w a z , o o f wAs '�.�c�' U • SEWER MH CEMENT CONCRETE PAVEMENT �J� Q� Q Q c ~ CONCRETE PAVERS TO BE INSTALLED BY OTHERS n'E' 3' CONCRETE SLAB NOT TO BE DISTURBED .t ;?�''t -�� # %- / / / / / / / / / / / / / / / / / -[ '2 '4 2' *,t' e ', / / / / / / // �� f ,+ fit / ! / / / / / C A P1 T OL / / / / / / / / =:r ::f - THE /% / ' / ,/ / , , // // / / / ; / / ,/' / , ` /' 1 %p ei - -, o City Of Yakima Project Eng: BHS Drawing Scales ALLEY PLAN SHEET 3 Air Engineering Division CAPITOL THEATRE ALLEY REPAIR Drawn By: MA Horizontal = N/A 4 " 129 North Second Street Chkd. By: BHS Vertical = N/A 3 DATE REVISION BY - Yak ima, Washington CITY OF YAKIMA PROJECT NO. 2332 _ ■