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08/02/2021 06.C. Project Completion and Contract Acceptance for the Wastewater UV Slide Gate Replacement Project # WP2525 14-4111\l'A 1-coi• i rr 11 i�O enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.C. For Meeting of:August 2, 2021 ITEM TITLE: Project Completion and Contract Acceptance for the Wastewater UV Slide Gate Replacement Project# WP2525 SUBMITTED BY: Scott Schafer, Director of Public Works David Brown,Assistant Director of Public Works Mike Price, Wastewater/Stormwater Manager(509)249-6815 SUMMARY EXPLANATION: City Project # WP2525 replaced the six gates and six automatic gate actuators that control flow through the wastewater treatment plant's ultraviolet (UV) disinfection system. The project also constructed a catwalk for safe access to the new effluent gates and actuators. 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 and authorizations from state agencies allowing final payment. A final payment of $8,923.40 (5% retainage) is due from the City to TML Construction Inc for the completion of the work. Project Manager: Marc Cawley Contractor: TML Construction Inc Contract Awarded: 1/12/2021 Contract Cost: $ 193,280.84 Retainage Due: $ 8,923.40 The total contract cost is for 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 APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOM M ENDAT ION: 2 Accept Project ATTACHMENTS: Description Upload Date Type ❑ Project Completion 7/20/2021 Backup Material 3 Gray SZ Osborne, Inc. CONSULTING ENGINEERS July 1, 2021 Mr. Marc Cawley Operations Superintendent Wastewater/Stormwater Yakima Regional Wastewater Treatment Plant 2220 East Viola Street Yakima, Washington 98901 SUBJECT: RELEASE OF RETAINAGE ESTIMATE AND PROJECT ACCEPTANCE, UV SLIDE GATE REPLACEMENT CITY OF YAKIMA, YAKIMA COUNTY, WASHINGTON G&O 1417042.05 Dear Mr. Cawley: This letter provides the City with guidance regarding the release of retainage and accepting the project as complete. 1. PROJECT COMPLETION ACCEPTANCE The project has been completed in compliance with the Contract. We therefore recommend the City accept the project as complete. Attached for your use is the "Notice of Completion of Public Works Contract" form. After the City has accepted the project as complete, the City needs to forward the "Notice of Completion of Public Works Contract" form to the Washington State Department of Revenue, the Washington State Department of Labor and Industries, and the Washington State Employment Security Department. After the City has accepted the project,please sign the enclosed "Final Contract Voucher" and forward a copy to the contractor and Gray& Osborne, Inc. 2. RELEASE OF RETAINAGE We have also enclosed two copies of the release of retainage progress estimate for this project. One progress estimate is for the City files and the other copy should be forwarded to the contractor with the payment. The retainage should be released to the contractor contingent upon the following requirements being fulfilled: 180 Iron Horse Court Yakima,Washington 98901 (509)453-4833 4 Mr. Marc Cawley June 25, 2021 Page 2 1. Sixty days have elapsed since the date of project acceptance as indicated in the City meeting minutes. 2. The City receives the Washington State Department of Revenue "Certificate of Payment of State Excise Taxes by Public Works Contractor" (RCW 60.28). 3. The City receives the "Certificate of Payment of Contribution Penalties and Interest on Public Works Contract" from the Washington State Employment Security Department. 4. There are no claims or liens filed for labor and materials furnished on this Contract. 5. The City receives notification from the Washington State Department of Labor and Industries that the contractor and their subcontractors are current with payments of industrial insurance and medical aid premiums. Please contact me if you have any questions or concerns regarding these matters. Sincerely, GRAY & OSBORNE, INC. Nancy ch, P.E. NW/sc Encl. By email cc: Mr. Russ Twardowski, TML Construction, Inc. 5 ^4 Department Use Only Notice of Completion of Assigned to Date Assigned A€'II'- ''' , Public Works Contract Date Form Version Revision Reason Awarding Agency Information Company Name UBI Number City of Yakima 397 005 272 Address City State Zip Code 2220 East Viola Avenue Yakima WA 98901 Contact Name Phone Number I Email Address Marc Cawley 509-249-6854 ] Marc.Cawley@yakimawa.gov Prime Contractor Information Company Name UBI Number TML Construction, Inc. 601-975-177 Address City State Zip Code P.O. Box 2970 Hayden ID 83835 Contact Name Phone Number Email Address Russ Twardowski (208) 762-3611 russ(a�tmlconst.com Project Information Project Name I Contract Number Affidavit ID Number UV Slide Gate Replacement I WF2525 _ 1028721 _ Jobsite Address City State Zip Code 2220 East Viola Street Yakima WA 98901 Date Awarded Date Work Commenced Date Work Completed Date Work Accepted 01/12/2021 04/07/2021 06/10/2021 Is this a Federally Funded Transportation Project? ❑ Yes I] No If yes, attach the Contract Bond Statement Have Subcontractors been used? ❑x Yes ❑ No If yes, complete Addendum A ❑x Contract/Payment Bond Waived? ❑ Yes I No I ❑ Retainage Bond Waived? ❑ Yes ❑ No Detailed Description of Work Completed This project required the removal and replacement of six slide gates that isolate the ultraviolet(UV) disinfection system r DOR Tax Information Calculated Amount $142,100.00 Liquidated Damages ...._ __ _ - Additions (+) $38,698.00 Amount Disbursed $184,357.44 Reductions (-) ($2,330.00) Amount Retained $8,9233.40 Sub-Total $178,468.00__- Other ______ Sales Tax Amount $14,812.84 Sales Tax Rate ____ _ _ Total $193,280.84 Total $193,280.84 Both totals must to be equal - If multiple sales tax rates,attach a list Apprentice Utilization Information Was apprentice utilization required? ❑ Yes ❑x No Engineer's Estimate: Utilization %: If utilization did not meet or exceed 15%,was a Good Faith Estimate approved? El Yes 0 No - Comments The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. No payment shall be made from the retained funds until receipt of all release certificates and affidavits. Compro, lete and submit for by email to all three agencies below Department of Revenue Washington State Department of P Employment Security Department Public Works Section �AP Labor& Industries Registration,Inquiry,Standards 8 (360)704-5650 Contract Release f Coordination Unit PWC@dor.wa.gov (855)545-8163,option#4 (360)890-3499 ContractRelease@LNI.WA GOV publicworks@esd.wa.gov F215-038-000 Notice of Completion of Public Works Contract 05-2020 Addendum A: Please List all Subcontractors and Sub-tiers Below 6 This addendum can be submitted in other formats. Provide known affidavits at this time. No L&i release will be Granted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit ID* MBI Construction Services, Inc. 603-190-297 1025956 Knobels Electric, Inc. 397-019-651 1027653 For tax assistance or to request this document in an alternate format,please call 1-800-647-7706.Teletype(TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum(10/26/15) F215-038-000 05-2020 RELEASE OF RETAINAGE PROGRESS ESTIMATE 5 JUNE 24,2021 CITY OF YAKIMA YAKIMA COUNTY WASHINGTON PROJECT: CONTRACTOR: CITY OF YAKIMA TML CONSTRUCTION, INC. UV SLIDE GATE REPLACEMENT P.O. BOX 2970 G&O JOB #17042.05 HAYDEN, ID 83835 BID ITEMS QUANTITIES PROJECT COSTS TOTAL PERCENT OF THIS TOTAL AMOUNT THIS AMOUNT TO CONTRACT NO. DESCRIPTION QUANTITY UNIT UNIT PRICE PERIOD TO DATE PERIOD DATE QUANTITY 1 Mobilization and Demobilization 1 LS $7,000.00 0.00% 100.00% $0.00 $7,000.00 100% 2 Unexpected Site Changes 1 LS $10,000.00 0.00% 76.70% $0.00 $7,670.00 77% Grating 1 LS $618.00 Spalled Concrete 1 LS $243.00 Electrical 1 LS $5,222.00 Spare Parts 1 LS $1,587.00 3 UV Slide Gate Replacement 1 LS $125,100.00 0.00% 100.00% $0.00 $125,100.00 100% CHANGE ORDERS: CO1 Item 1 - Supply and Install New Walkway and Handrail 1 LS $38,698.00 0.00% 100.00% $0.00 $38,698.00 100% Page 1 of 3 Release of Retainage Progress Estimate 5 xlsx RELEASE OF RETAINAGE PROGRESS ESTIMATE 5 JUNE 24,2021 CITY OF YAKIMA YAKIMA COUNTY WASHINGTON PROJECT: CONTRACTOR: CITY OF YAKIMA TML CONSTRUCTION, INC. UV SLIDE GATE REPLACEMENT P.O. BOX 2970 G&O JOB #17042.05 HAYDEN, ID 83835 PROJECT COSTS AMOUNI Ills AMOUNI 10 PERIOD DATE SUBTOTAL EARNED TO DATE $0.00 $178,468.00 SALES TAX 8.30% $0.00 $14,812.84 MATERIALS ON HAND $0.00 $0.00 TOTAL $0.00 $193,280.84 LESS 5% RETAINED(BEFORE TAX) ($8,923.40) $0.00 TOTAL EARNED TO DATE LESS RETAINAGE $193,280.84 LESS AMOUNTS PREVIOUSLY PAID PROGRESS ESTIMATE 1 $4,132.00 PROGRESS ESTIMATE 2 $18,362.71 PROGRESS ESTIMATE 3 $160,223.36 PROGRESS ESTIMATE 4 $1,639.37 TOTAL PAYMENT NOW DUE: $8,923.40 $8,923.40 ORIGINAL CONTRACT AMOUNT $142,100.00 CONTRACT AMOUNT WITH CHANGE ORDER 1 $180,798.00 CONTRACT PERCENTAGE TO DATE 99% Page 2 of 3 Release of Retainage Progress Estimate 5 xlsx RELEASE OF RETAINAGE PROGRESS ESTIMATE 5 JUNE 24,2021 CITY OF YAKIMA YAKIMA COUNTY WASHINGTON PROJECT: CONTRACTOR: CITY OF YAKIMA TML CONSTRUCTION, INC. UV SLIDE GATE REPLACEMENT P.O. BOX 2970 G&O JOB #17042.05 HAYDEN, ID 83835 I HEREBY CERTIFY THE ABOVE ESTIMATE IS A TRUE AND CORRECT STATEMENT OF THE WORK PERFORMED UNDER THIS CONTRACT. GRAY&OSBORNE,INC. a,4 e , , , /4., /4)-011r- NANCY 1 4101 , '.E SUMMARY AND DISTRIBUTION OF PAYMENTS PAY TOTAL SALES EST PROGRESS ESTIMATE PERIOD EARNED PER SALES TAX TAX MATERIALS ON TOTAL NO. DATES PERIOD RATE AMOUNT HAND RETAINAGE(5%) PAYMENT 1 DECEMBER 1,2020 TO DECEMBER 26,2020 $4,000.00 8.30% $332.00 $0.00 $200.00 $4,132.00 2 DECEMBER 27,2020 TO MARCH 16,2021 $1,309.50 8.30% $108.69 $17,010.00 $65.48 $18,362.71 3 MARCH 17,2021 TO MAY 14,2021 $171,571.50 8.30% $14,240.43 ($17,010.00) $8,578.58 $160,223.36 4 MAY 14,2021 TO JUNE 10,2021 $1,587.00 8.30% $131.72 $0.00 $79.35 $1,639.37 5 JUNE 24,2021 $0.00 8.30% $0.00 $0.00 ($8,923.40) $8,923.40 TOTAL: $178,468.00 $14,812.84 $0.00 $0.00 $193,280.84 Page 3 of 3 Release of Retainage Progress Estimate 5.xlsx 10 Final Contract Voucher Certificate Contractor TML Construction, Inc. Street Address P.O. Box 2970 • City State Zip Date Hayden ID 83835 6/16/2021 Project Number(Owner) WP2525 Job Description(Title) UV Slide Gate Replacement Date Work Physically Completed Final Amount(including Sales Tax) 6/10/2021 $193,280.84 Contractor's Certification I,The undersigned, having first been duly sworn, certify that I am authorized to sign for the claimant;that in connection with the work performed and to the best of my knowledge no loan, gratuity or gift in any form whatsoever has been extended to any employee of the City of Yakima nor have I rented or purchased any equipment or materials from any employee of the City of Yakima; I further certify that the attached final estimate is a true and correct statement showing all the monies due me from the City of Yakima for work performed and material furnished under this Contract;that I have carefully examined said final estimate and understand the same; have paid all labor, material, and other costs for this project; and that I hereby release the City of Yakima from any and all claims of whatsoever nature which I may have, arising out of the performance of said contract,which are not set forth in said estimate. x (,���, c' _ l � _- WHITNEY WARREN Contractor Authorized Signature Required COMMISSION NO.201$20/0 NOTARY PUBLIC S yd n e y Pe-fehcen STATE OF IDAHO 1`pe Signature Name Subscribed and sworn to before me this day of In tnL 20 Al x ��1 Notary Public in and for the State of TA/AD ---- Residing at tied 0 City of Yakima Certification I, certify the attached final estimate to be based upon actual measurements, and to be true and correct. Approved Date Protect Enginee City of Yakima This Final Contract Voucher Certification is to be prepared by the Engineer and the original forwarded to the City of Yakima for acceptance and payment. Contractors Claims, if any,must be included and the Contractors Certification must be labeled indicating a claim attached. (May 3,2019) J:\YAKI\{A\17042.051Final Contract Voucher Certificate.docx