HomeMy WebLinkAbout01/03/2023 06.E. Project Completion and Acceptance for Ken Leingang Excavating Inc for DID 16th & Prasch EPO 2203E Project 2622 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.E.
For Meeting of: January 3, 2023
ITEM TITLE: Project Completion and Acceptance for Ken Leingang Excavating
Inc for DID 16th & Prasch E PO 2203E Project 2622
SUBMITTED BY: Scott Schafer, Director of Public Works
David Brown,Assistant Director of Public Works
* Mike Price, Wastewater/Stormwater Division Manager(509)249-
6815
SUMMARY EXPLANATION:
City of Yakima Project 2622 provided for the realignment of a stormwater pipe (former Drainage
I mprovement District pipe) near Prasch and 16th Avenue. Stormwater Division staff discovered a
misaligned stormwater pipe near the intersection of Prasch and 16th Avenue. The misaligned
stormwater pipe required immediate realignment to restore adequate stormwater conveyance to
mitigate traffic and property damage hazards.An emergency was declared on March 4, 2022 with
Resolution R-2022-048, allowing the Stormwater Division to secure the services of Ken
Leingang Excavating Inc to realign the stormwater pipe, with an estimated repair cost of
$70,000.
Final inspection for this project was made and the recommendation is that the project be
accepted. Project completion is subject to issuance of Certificate of Payment by the Department
of Revenue. A final payment of$0 is due from the City to Ken Leingang for the completion of the
work.
Project Manager: Dana Kallevig
Contractor: Ken Leingang Excavating Inc
Contract Cost: $79,373.97
Payments: $79,373.97
Retainage Due: $0
The total contract is for the construction only and does not include engineering and other costs.
City Council action is required to accept the project and approve the final construction costs.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
2
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Accept project
ATTACHMENTS:
Description Upload Date Type
❑ Emergency Purchase Order 12/6/2022 Backup Material
Page 1 of 3
Purchase Order # 221292
City of Yakima
129 North 2nd Street
Yakima,WA 98901
Email address:purch@yakimawa.gov PURCHASE ORDER NUMBER MUST APPEAR ON ALL PACKAGES,
Vendor ID: 02170 Vendor Email: PACKING SLIPS,INVOICES AND CORRESPONDENCE
PO Date: 03/22/2022
Required Date: 03/22/2022
Ken Leingang Excavating Ship To: City of Yakima
1117 N. 27th Ave. Wastewater Plant
Yakima WA 98902 2220 E Viola St
Yakima WA 98901
FOB:
Terms:
Special Instructions:
Subject: EPO#2203E FOR MIS-ALIGNED DID PIPE AT PRASCH/I6TH AVE Attention:
Line Qty Unit Description Unit Price Tax Total
1 70,000 EA EPO FOR CORRECTION OF MIS-ALIGNED DID PIPE AT PRASCH/I6TH $1.00 8.30% $70,000.00
#2203E
1.Work may not begin until a Certificate of
Insurance naming City of Yakima as an additional
insured with attached endorsement has been
received and approved by the ordering department.
2. Prevailing Wages apply to work being requested
on this Purchase Order. Intents and Affidavits
must be on file with the ordering department
prior to any invoices being paid.
Non-Taxable Subtotal $ 0.00
Taxable Subtotal $ 70,000.00
Taxes $ 5,810.00
Total $ 75,810.00
Direct all inquiries pertaining to this PO to the attention of the contact shown below.
Purchase Requested By: MIKE PRICE Earlene.Dillardyakimawa.gov
Purchasing Department Contact: Earlene Dillard
Acceptance of this constitutes an agreement to make delivery
Susan Knotts, uyer II
within specified time. Do not substitute unless authorized. (509)575-6095
authorized on behalf of City of Yakima
Page 2 of 3
City of Yakima
Purchase Order(PO)Terms and Conditions
1. CHANGES:No alteration in any of the terms,conditions,delivery,price,quality,quantities,or specifications of this order will be effective without written
consent of the City.
2. ADD-ON:By mutual agreement,the quantity of items purchased maybe increased within 12 months of the date of award,provided the original purchase price,
terms,conditions,and specifications remain the same.
3. HANDLING:No charges will be allowed for handling which includes,but is not limited to,packing wrapping,bags,containers,or reels,unless otherwise
stated herein.
4. DELIVERY:For any exception to the delivery date as specified on this order,Vendor shall give prior notification and obtain written approval thereto from the
City. With respect to delivery under this order,time is of the essence,and the order is subject to termination for failure to deliver as specified. The acceptance
by the Purchaser of late performance with or without objection or reservation shall not waive this right to claim damage for such breach nor constitute a waiver
of the requirement for the timely performance of any obligation remaining to be performed by Vendor.
5. MSDS:Material Safety Data Sheets to be included with shipments of any material requiring this documentation,per OSHA and WSHA regulations.
6. PAYMENT TERMS:Unless otherwise negotiated,the terms of payment shall be net 30 days from receipt of a proper invoice. PO numbers must be noted on
all invoices.
7. COMPLIANCE WITH APPLICABLE LAWS:Vendor shall comply with all applicable federal,state,local laws and regulations. Purchases that are funded
by the Federal Transit Authority shall be in accordance with the Third Party Contracting Guidance found in FTA Circular 4220.1F,which is available at
https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/third-party-contracting-guidance
8. LICENSES:If applicable,successful vendor shall have a valid and current business license per Chapter 5.02 Section 5.02.010 of the Yakima Municipal Code
covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the award of any PO/contract.
Inquiries as to fees,etc.,should be made to the Office of Code Administration,telephone(509)575-6121.
9. PAYMENTS AND ASSIGNMENTS:Invoices will not be processed for payment until items invoiced are received. All payments to Vendor shall be remitted
by mail,unless other arrangements have previously been made. Furthermore,the provisions of monies due under this contract shall only be assignable with
prior written consent of the City.
10. SHIPPING INSTRUCTIONS:Unless otherwise specified,all goods are to be shipped prepaid,FOB Destination. Where shipping addresses indicate room
numbers and/or inside delivery,it will be up to the Vendor to make delivery to that location at no additional charge. Where specific authorization is granted to
ship goods to FOB shipping point,Vendor agrees to prepay all shipping charges and route as instructed. It is also agreed that the Purchaser reserves the right
to refuse COD shipments.
11. REJECTION:All goods or materials purchased herein are subject to approval by the Purchaser. Any rejection of goods or materials resulting because of
nonconformity to the terms and specifications of this order,whether held by the Purchaser or returned will be at Vendor's risk and expense.
12. IDENTIFICATION:All invoices,packing lists,packages,shipping notices,and other written documents affecting this order shall contain the applicable PO
number. Packing lists shall be enclosed in each and every box or package shipped pursuant to this order,indicating the contents therein.
13. INFRINGEMENTS:Vendor agrees to protect and save harmless,the Purchaser against all claims,suits,or proceedings for patent,trademark,copyright,or
franchise infringement arising from the purchases,installation,or use of goods and materials ordered and to assume all expenses and damages arising from such
claims,suits,or proceedings,
14. WARRANTIES:Vendor represents and warrants that the goods are new,current,and fully warranted by the manufacturer. Delivered goods will comply with
specifications and be free from defects in labor,material and manufacture. All UCC implied and expressed warranties are incorporated in this PO. Vendor
shall transfer all warranties to the City.
15. CASH DISCOUNT:In the event that the Purchaser is entitled to a cash discount,the period of computations will commence on the date of delivery or receipt
of a correctly completed invoice,whichever is later. If an adjustment in payment is necessary due to damage,the cash discount period shall commence on the
date fmal approval for payment is authorized. If a discount is made part of the contract but the invoice does not reflect the existence of a cash discount,Purchaser
is entitled to a cash discount with the period commencing on the date it is determined by Purchaser that a cash discount applies.
16. TAXES:Unless otherwise indicated,the Purchaser agrees to pay all State of Washington sales or use tax. No charge by Vendor shall be made for Federal
excise taxes,and the Purchaser agrees to furnish Vendor,upon acceptance of articles supplies under this order,with an exemption certificate.
17. LIENS,CLAIMS,AND ENCUMBRANCES:Vendor warrants and represents that all the goods and materials ordered herein are free and clear of all liens,
claims,or encumbrances of any kind.
18. RISK OF LOSS:Regardless of FOB Point,Vendor agrees to bear all risks of loss,injury,or destruction of goods and materials ordered herein which occur
prior to delivery. Such loss,injury,or destruction shall not release Vendor from any obligation hereunder.
19. HOLD HARMLESS:Vendor shall indemnify,defend and hold harmless the City and its agencies,their divisions,officers,employees,and agents,from all
claims,suits or actions of any nature arising out of or related to the activities of Vendor,its officers,subcontractors,agents or employees under this PO/contract.
20. FORCE MAJEURE:Vendor will not be responsible for delays in delivery due to acts of God,fire,strikes,epidemics,war,riot,delay in transportation or
railcar transport shortages,provided vendor notifies the Purchasing Manager immediately in writing of such pending or actual delay. Normally,in the event or
any such delays(acts or God,etc.)the date of delivery will be extended for a period equal to the time lost due to the reason for delay.
21. TERMINATION: (i)The parties may terminate this PO by mutual agreement. (ii)The City may terminate this PO at any time with written notice to Vendor.
Upon receipt of the written notice,Vendor shall stop performance,and City shall pay Vendor for goods delivered and accepted. (iii)The City may terminate
this PO at any time if Agency fails to receive funding,appropriations,or other expenditure authority. (iv)If Vendor breaches any PO provision or is declared
insolvent,the City may terminate this PO for cause with written notice to Vendor,and Vendor shall be liable for all incidental and consequential damages
resulting from its breach,including all damages as provided in the UCC.
22. PUBLIC DISCLOSURE:PO and all contents and attachments shall be deemed a public record as defined in RCW 42.56"Public Records."
City PO Terms and Conditions 10/2020
Page 3 of 3
23. NONDISCRIMINATION:During the performance of this contract,the Vendor agrees as follows:
The Vendor shall not discriminate against any person on the grounds of race,creed,color,religion,national origin,sex,age,marital status,sexual orientation,
pregnancy,veteran's status,political affiliation or belief,or the presence of any sensory,mental or physical handicap in violation of the Washington State Law
Against Discrimination(RCW chapter 49.60)or the Americans with Disabilities Act(42 USC 12101 et seq.).
In the event of the Vendor's noncompliance with the non-discrimination clause of this contract or with any such rules,regulations,or orders,this contract may
be cancelled,terminated,or suspended in whole or in part and the Vendor may be declared ineligible for any future City contracts.
24. ANTI-TRUST:Vendor and the Purchaser recognize that in actual economic practice,overcharges resulting from anti-trust violations are in fact borne by the
Purchaser,therefore,Vendor hereby assigns to the Purchaser any and all claims for such overcharges.
25. DEFAULT:The Vendor covenants and agrees that in the event suit is instituted by the Purchaser for any default on the part of the Vendor and the Vendor is
adjudged by a court of competent jurisdiction to be in default,he shall pay to the Purchaser all costs,expenses expended or incurred by the Purchaser in
connection therewith,and reasonable attorneys'fees.
26. SEVERABILITY:If a court of competent jurisdiction declares any provision of the PO to be invalid,the other provisions and the rights and obligations of the
parties remain in effect.
27. ACCEPTANCE: This order expressly limits acceptance to the terms and conditions stated herein. All additional or different terms proposed by Vendor are
objected to and hereby rejected,unless otherwise provided in writing by the City.
28. INSURANCE: For all public work and improvement projects,including maintenance projects,and upon request by the ordering department,the following
insurance requirements apply:
Indemnity/Contractor's Liability Insurance.
(A) The Service Provider agrees to indemnify and save harmless the City,its officers,agents and employees against and from any and all actions,
suits,claims,demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons,or damages to property
arising out of,result from or occurring in connection with the performance or any service hereunder.
(B) The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property.
(C) Contractors Liability Insurance: The contractor shall obtain and maintain in full force and effect during the term of the contract,commercial
general liability 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. At all times during the life of this contract,Contractor agrees to maintain,on a primary and non-contributory basis and at its sole expense,the
insurance coverages,limits,and endorsements noted below. All such insurance shall not be subject to any deductible or self-insured retention(SIR). There
shall be no cancellation,material change,reduction in limits or intent not to renew the insurance coverage(s)without 30 days written notice from the contractor
or its insurer(s)to City of Yakima.The requirements contained herein,as well as City of Yakima's review or acceptance of insurance maintained by Contractor
is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The policies will be
written on an occurrence basis,subject to the following minimum limits of liability:
Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence
$2,000,000 Annual Aggregate
Auto Liability: Combined Single Limit $2,000,000 Per Occurrence
The City of Yakima,its agents,employees,authorized volunteers;elected and appointed officials are included as Primary/Non-Contributory additional insured.
If Contractor carries higher coverage limits,such limits shall be shown on the Certificate of Insurance and Endorsements and City of Yakima shall be named as
an additional insured for such higher limits.
The Contractors'insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this agreement. Any insurance,self-
insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to it.
The contractor will provide a Certificate of Insurance to the City as evidence of coverage. A copy of the additional insured endorsement attached to the policy
will be included with the certificate. This Certificate of insurance shall be provided to the Purchasing Manager,prior to commencement of this work.
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.
The contractor shall also maintain workers compensation through the State of Washington.
(D) Contractor's Waiver of Employer's Immunity under Title 51 RCW. Contractor intends that its indemnification,defense,and hold harmless
obligations set forth above in section A.shall operate with full effect regardless of any provision to the contrary in Title 51 RCW,Washington's Industrial
Insurance Act. Accordingly,to the extent necessary to fully satisfy the Contractor's indemnification,defense,and hold harmless obligations set forth above in
section A,Contractor specifically waives any immunity granted under Title 51 RCW,and specifically assumes all potential liability for actions brought by
employees of the Contractor against the City and its officers,employees,agents,and volunteers. The parties have mutually negotiated this waiver. Contractor
shall similarly require that its subcontractors,and anyone directly or indirectly employed or hired by Contractor,and anyone for whose acts Contractor may be
liable in connection with its performance of this Agreement to comply with the terms of this paragraph,waive any immunity granted under Title 51 RCW,and
assume all potential liability for actions brought their respective employees.The provisions of this section shall survive the expiration or termination of this
Agreement.
(E) Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,in the event of liability for damages
arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City,its officers,
officials,employees,and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence.
29. FEDERAL SUSPENSION AND DEBARMENT: The contractor certifies,that neither it nor its"principals"(as defined in 49 CFR.29.105(p)is presently
debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or
agency.
City PO Terms and Conditions 10/2020