HomeMy WebLinkAboutKen Leingang Excavating, Inc. - Retention Basin Replacement 28th Avenue & Tieton Drive EC,- LI o 0 (
CONTRACT
THIS AGREEMENT, made and entered into in triplicate, this I3�`day of O-4 ( , 2011, by and between the City of Yakima, hereinafter
called the Owner, and _Ken Leinganq 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:
$111,974.50 , for Retention Basin Replacement 28th Ave. & Tieton Dr., Project No. 2324, 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 Four (15) working days. If work has not commenced
within the ten (10) days after the Notice to Proceed, the first chargeable working day shall be the 11th 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 fumished 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 tens 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
I
this (Q day of 2011. Exuva.fir y , 7.hc. , a S Corporation
actor
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Cr Manager /
Attest � l.�ie.� ��c! 4es ,~7
' (Print Name)
City Clerk = 4 A `N%
y P K ... `) Its
• 0� (President, Owner, etc.)
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•
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PERFORMANCE BOND
Bond No. 2143234
BOND TO CITY OF YAKIMA
KNOW ALL MEN BY THESE PRESENTS;
• That we, the undersigned, Ken Leingang Excavating, Inc. .
•
Washington North American Specialty
ton
a g 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 qualified . . -
under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally
held and firmly bound to the CITY OF YAKIMA in the penal sum of $ 111,974.50* for the payment of which sum on demand we bind ourselves
and our successors, heirs, administrators or personal representatives, as the case may be. •
*One Hundred Eleven Thousand Nine Hundred Seventy Four and 50 /100 Dollars
This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the CITY OF YAKIMA.
DATED at Yakima, Washington, this 1 day of 0 ab ..r , 20 )I .
Never- the -less, the conditions of the above obligations are such that:
WHEREAS, pursuant to actidn taken by the Yakima City Council on iii 7 , 20 JO , the City Manager and City Clerk of the CITY OF
YAKIMA has let or is about to let to the said Ken Leingang Excavating, Inc. , the above bounded Principal,
a certain contract, the said contract being numbered 2. 3ali , and providing for T; er i nr s cy e� of Peme o 2 8 X74 ve . & (which
contract is referred to herein and is made a part hereof as though attached hereto), 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;
•
NOW THEREFORE, if the said Ken Leingang Excavating, Inc. •
shall faithfully perform all of 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 - contractors and material men, and all persons who 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, their employees, agents, and
elected or appointed officials, harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part
of said principal, or any sub - contractor in the performance of said work and shall indemnify and hold the CITY OF YAKIMA, its employees, agents, and
elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects
appearing or developing in the material or workmanship provided or performed under said contract, 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.
(Contras . r)
•
By: 4 .
;-?. r(,/ 9
(Print Name)
Approved as to form: 14J17/3G) 1 1 Its: V
sill l% 6 , �L r' ✓e j +J (President, Owner, etc...)
(City Attomey) �/ North American Speci_ _ty Insurance Company
• ,
By:
fie/
Lillian Tse
(Print Name)
• Its: Attorney in Fact
•
•
87
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY'
KNOW ALL MEN BY THESE PRES THAT North American Specialty Insurance Company, a corporation duly 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'FARRELL, KAREN P. DEVER, SUSAN B. LARSON, LILLIAN TSE, SCOTT FIST -iER. JILL A. BOYLE,❑ n
DEANNA M. MEYER, BENJAMIN L. WOLFE, ELIZABETH R. I- IAI -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, ponds or other writings
obligatory in the nature of a bond on behalfof 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 (lithe 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 he, 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
FURTHER RESOLVED, that the signature of such officers and the scat 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."
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SEAL m Steven P. Anderson, President & Chief Esecutise Officer of Washington International Insurance Company 5 t SEAL '
1973 rv:0 g & Senior Vice President of North American Specialty Insurance Company a O: :T
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David \I. Lawman. Senior Vice President of Washington International Insurance Comnpany. p4 nran:n �rauo`�
& Vice President of North American Specially 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 September . 20 11
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 15th day of September 20 1 1 . 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
tJ JILL NELSON /..' _ .
NOTARY PUBLIC • STATE OF ILLINOIS D. Jill Nc Ism. Notary Public
MY COMMISSION EXPIRES:08103/12
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 WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this j � it — day of (0G+0 .. r , 20 1
James A Carpenter Vice President & Assistant Secretan of Washington International Insurance Comptm &
North Amen can Spec;altn Insurance Company
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT I� I..
o -r Y� . 'a 129 North Second Street
s - -� ",'''�, Yakima, Washington 98901
1, . "4,% Phone: (509) 575 -6113 • Fax (509) 576 -6792
, i . • . • "* ;,; Michael Morales, Director
',,,1 O ` 40 `. , R _
EV. ` 8 _
September 12, 2011
Darren Leingang _ .
Ken Leingang Excavating, Inc.
1117 North 27 Ave.
Yakima, WA 98902
Re: Retention Basin Replacement 28 Ave. & Tieton
City Project #2324
Dear Darren:
The City Manager of the City of Yakima has authorized an award of the contract for the above referenced
project to your company on the basis of your low bid submitted on September 6, 2011 in the amount of
$111,974.50.
This letter is official notification of the award of the contract to your company by the City of Yakima.
Enclosed is one set of the specifications, proposal and contract documents for your information. Also
enclosed are three copies of the contract and a performance bond form. Please sign and return all
copies of the contract form to this office, along with the fully executed performance bond and certificate of
insurance, within ten (10) calendar days. We have also included a Liability Certificate Checklist for your
and your surety's convenience. When these items have been approved, the City will execute the contract
form and bind a signed contract, certificate, and proposal into contract document books. The three
completed books will be distributed to the City Clerk, City Engineer and Contractor.
Please contact Bruce Floyd, Construction Supervisor, of our office within ten (10) days of this date to
schedule a pre- construction conference, and to discuss various forms and documentation that must be
completed and turned into him at the Pre - construction Conference. The Notice to Proceed will also be
discussed at the Pre - construction Conference. Bruce's office phone is 575 -6138.
For your information, we are enclosing a copy of the bid summary for this project.
Sincerely,
Randy eloy, P.E.
Surface Water Engineer
encl.
cc: Bruce Floyd, Construction Supervisor
Brett Sheffield, Chief Engineer
Randy Meloy, Surface Water Engineer
Susie•Lorance, Contract Specialist
(City Clerk)
Edna Pettyjohn, Finance
File
Yakima
aFanelacm
Code Administration 575 -6121 • Engineering 575-6111 • Neighborhood Services 575 -6/01 • ning 575 -6/83 1 I I I
1994