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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.G.
For Meeting of: December 1, 2020
ITEM TITLE: Resolution authorizing a contract with TML Construction, Inc. for
Project No. 2525 UV Slide Gate Replacement
SUBMITTED BY: Scott Schafer, Director of Public Works
David Brown,Assistant Director of Public Works
Mike Price, Wastewater/Stormwater Division Manager, 249-6815
SUMMARY EXPLANATION:
City of Yakima (City) Project No. 2525 UV Slide Gate Replacement replaces the six aluminum
gates and six automatic gate motor operators that control wastewater treatment plant flow through
the plant's ultraviolet (UV) effluent disinfection system. Corrosion of the existing aluminum gates,
installed in 2009, is interfering with automatic UV system operation and has caused excessive
wear on the motor operators that function to raise and lower the gates. The replacement of the
existing aluminum gates with corrosion-resistant stainless steel gates and the replacement of the
worn motor operators will restore reliable automatic UV disinfection system operation.
The City previously entered into an agreement with Gray& Osborne, Inc. under City Contract
No. 2020-091 to provide engineering design, bidding, and construction services for the UV Slide
Gate Replacement. The City utilized the procedure established by the State of Washington for
competitively bidding projects. Nine contractors submitted bids, with TML Construction, Inc.
submitting the lowest bid of$153,894. The contract is attached for City Council review. The
project is funded by Wastewater Capital Fund 472.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
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D R+7.,=oluEion 11/170n20 Res/Affirm)
D Coptract 11/2ni?WO aviErdcl
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RESOLUTION NO. R-2020-
A RESOLUTION authorizing a contract with TML Construction, Inc. for Project No. 2525 UV
Slide Gate Replacement at the City of Yakima Wastewater Treatment Plant
WHEREAS, the City of Yakima owns, operates, and maintains the Yakima Wastewater
Treatment Plant in accordance with applicable Federal, State and Local regulations; and
WHEREAS, the City of Yakima Wastewater NPDES permit requires that the facility
provide effective and reliable disinfection of plant effluent prior to discharge to the Yakima River;
and
WHEREAS, the treatment plant staff have identified that corrosion is interfering with
reliable operation of the existing ultraviolet disinfection system gates and motor operators that
control flow through the disinfection system; and
WHEREAS, under City Contract No. 2020-091, the City entered into an agreement with
Gray and Osborne, Inc. to prepare the plans and contract documents for the replacement of the
existing aluminum gates with stainless steel gates and accompanying motor operators; and
WHEREAS, the City of Yakima Wastewater Division requires construction services for the
gate and motor operator replacement; and
WHEREAS, The City of Yakima used the procedure established by the State of
Washington for competitively bidding projects; and
WHEREAS, TML Construction, Inc. submitted the low bid and has the ability to perform
the contract specified work; and
WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and
its residents to enter into a contract with TML Construction, Inc. to perform the work detailed in
the contract documents for the replacement of the ultraviolet disinfection system gates and motor
operators; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached contract with TML
Construction, Inc., in the amount of One Hundred Fifty-Three Thousand Eight Hundred and
Ninety-Four Dollars ($153,894) for the replacement of the ultraviolet disinfection system slide
gates and motor operators at the Yakima Wastewater Treatment Plant
ADOPTED BY THE CITY COUNCIL this 1' day of December, 2020.
ATTEST: Patricia Byers, Mayor
Sonya Clear Tee, City Clerk
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CONTRACT
THIS AGREEMENT, made and entered into in triplicate, this day of , 20_, by and between the City of
Yakima, hereinafter called the Owner, and TML Construction, Inc an Idaho VINVOMOOP 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 fdlows:
I. The Contractor shall do all work and furnish all tools, materials,labor and equipment for THE BID AMOUNT OF:
$ 153,894.30 ,for UV Slide Gate Replacement Project,City Project No.WP2525,all in accordance with,and as
described in the attached plans and specifications and the 2020 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 substantially completed in One Hundred and
Twenty (120) working days and physically completed in One Hundred and Thirty (130) 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 eleventh (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
Section 1-08.9 of the WSDOT 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,indemnity, and hdd 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, rdating 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_day of 20_ ,a Corporation
Contractor
By:
City Manager
Attest:
(Pant Name)
City Clerk
Its:
(President,Owner,etc.)
Address: