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HomeMy WebLinkAboutR-1996-031 Police Station / Legal Center31 RESOLUTION NO. R -96- A RESOLUTION accepting the City of Yakima Police Station/Legal Center. WHEREAS, on November 22, 1994, the City of Yakima entered into a contract with Cree Construction Company of Lynnwood, Washington, to construct the City of Yakima Police Station/Legal Center; and WHEREAS, certificates of Substantial Completion were issued on January 22, 1996, for the building (except Detention) and on February 22, 1996, for the Detention Wing; and WHEREAS, the City has occupied this facility for its intended uses, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council of the City of Yakima hereby accepts the City of Yakima Police Station/Legal Center as of March 12, 1996. ADOPTED BY THE CITY COUNCIL this 1I day of ,1996. ATTEST: ,s City Clerk (rnlw)res/accept Polue/Lgl Ctr bldg.rp Mayor YPWARDELL March 13, 1996 Wiiiham Buursma John Graham Associates Bank of California 900 4th Avenue, Suite 700 Seattle WA 98164-1006 Re Yakima Police Station and Legal Center Consulting Project No 1052 01 Dear Bill Er'~Jf i `l,:lila, MAR 1 4 i,•y'6 OF'F7OE OF C-TY S!Aii r Following up our recent meeting with Dick Zais, I've enclosed a copy of Bill Cree's letter of 3/6/96 responding to Dick's letter of 3/4/96 Bill's primary concerns centered on his exposure to liquidated damages and his beef that if in fact Cree has liability regarding the frozen AHU coils, the responsibility lies with Cree's subcontractors it was the City's and our opinion that Cree's response was in line with the course of action described in Dick's letter and we have recommended final project acceptance I've enclosed that recommendation along with a copy of the transmittal letter to Cree for your files Please don't hesitate to call should you have questions or wish to discuss the issue further Sincerely Rooert,A Wardell AiA Pnncipal enc cc Dick Zais Don Blesio Ray Paoleila Tom Verran (509) 453-3693 815 Larson Building 6 South 2nd Street, Yakima, WA 98901 Cree Construction Company Law & Justice Center Contrat Spec. Description Description Area: Sitework 01200-1 02005-1 02())7-1 02009-1 02011-1 02012-1 02014-1 02200-1 02202-1 02511-1 02512-1 02520-1 02522-1 02700-1 02810-1 02831-1 02900-1 02905-1 16525-1 16526-1 02202-1s 02511-1s 02512-1s 02520-1s 02810 -Is 02831-1s 02905-1s 16526-1s tMlobiiizc Reroute traffic Perim streets •� •�•• cr i�i�iter Y•.[5 Utility Exc Sewer Line Utility Evacuation Repair Street Site Utilities Grade & Fill Site Finn Grade Site AC Paving Pavement Striping and Curbs FAP Curbs, Getters .e, Pole Bases FRP Sidewalks Storm Drainage Irrigation System Chain Link Fence Clean- Up Site Landscaping Site electrical Light Poles Sr Luminaries Area Subtotal: Sitework Area: Parking Lot -South Addition Fine Grade AC Paving Pavement Striping FRP Curbs, Gutters & Pole Bases Irrigation System Chain Link Fence Landscaping Light Poles Sr Luminaries Scheduled Value 84,310 4,000 33,217 95,000 13,200 8,000 90,941 197,057 4,500 72,995 3,345 20,000 50,000 128,217 15,000 30,000 2,000 53,000 20,000 14,200 938,982 2,000 20,000 1,000 10,554 5,000 13,162 8,000 2,500 Contract Tracking 8.A. R.S. Object A/C 610 610 610 630 630 630 630 610 610 630 630 630 630 630 630 630 610 630 620 630 Final Payment Est # 15 Total Completed and stored Balance to % Complete Retainage Paid 0 84,310 100% 0 4,215.50 0 4,000 100% 0 200.00 0 33,217 100% 0 1,660.85 0 95,000 100% 0 4,750.00 0 13,200 100% 0 660.00 0 8,000 100% 0 400.00 0 90,941 100% 0 4,547.05 0 197,057 100% 0 9,852.85 0 4,500 100% 0 225.00 0 72,995 100% 0 3,649.75 5023,345 1()0% 0 167.25 0 20,0()0 100% 0 1,000.00 0 50,000 100% 0 2,500.00 0 128,217 100% 0 6,410.85 0 15,000 100% 0 750.00 1,500 30,000 100% 0 1,500.00 0 2,000 100% 0 100.00 0 53,000 100% 0 2,650.00 0 20,000 100% 0 1,000.00 0 14,200 100% 0 710.00 1,121.80 2,002 938,982 100% 0 46,949 74,180 Sales Tax Paid 6,660.49 316.00 2,624.14 7,505.00 1,042.80 632.0() 7,184.34 15,567.50 355.50 5,766.61 264.26 1,580.00 3,950.0() 10,129.14 1,185.00 2,370.00 158.00 4,187.00 1,580.00 610 0 630 0 630 600 620 0 630 0 610 658 630 0 630 0 2,000 20,000 1,000 10,554 5,000 13,162 8,000 2,500 100% 100% 100% 100% 100% 100% 100% 100% 0 0 0 0 0 (0) n 0 100.00 1,000.00 50.00 527.70 250.00 658.10 125.00 158.00 1,580.00 79.00 833.77 395.00 1,039.80 632.00 197.50 3/15/961 :51 1'MCrce Contract W, 115 Contract 'tracking Law & Justice Center Contrat Final Total Spec. Description Scheduled 11.A.R.S. Payment Completed Balance to Retainage Sales Tax Description Value Object A/C Est # 15 and stored % Complete Paid Paid 16527-ls Underground Electrical 13,900 630 0 13,900 100% 0 695.00 1,098.10 Area Subtotal: Parking Lot -South Addition 76,116 1,258 76,116 100% (0) 3,806 6,013 Area: Justice Wing 01700-2 Complete Punch -List 8,000 620 4,000 8,000 100% 0 400.00 632.00 02204-1 Exc Footings 31,850 620 0 31,850 100% 0 1,592.50 2,516.15 03310-2 FRP Footings & Stem Walls 158,224 620 0 158,224 100% 0 7,911.20 12,499.70 03312-2 FRP 2nd Fir deck Slab 87,832 620 0 87,832 100% 0 4,391.60 6,938.73 39,854 620 0 39,854 100% 0 1,992.70 3,148.47 03314-2 FRP Slab -on -Grade Detn0 300.00 474 00 03315-2 Conc Floor Sealant 6,000 620 0 6,000 100% 04202-2 Brick Veeneer Justice 210,210 620 0 210,210 100% 0 10,510.50 16,606.59 05120-2 Structural Steel (to14-line) 300,000 620 0 300,000 100% 0 15,000.00 23,700.00 05122-2 Structural Steel (14to 15-line/CMU tie-in) 26,000 620 0 26,000 100% 0 1,30.00 2,054.00 05124-2 Metal Roof deck 100,00() 620 0 100,000 100% 0 5,000.00 7,900.00 05400-2 Metal Stud Framing 106,000 620 0 106,000 100% 0 5,300.00 8,374.00 05401-2 Ext Metal Studs 55,000 620 0 55,000 100% 0 2,750.00 4,345.00 05402-2 Gutters/Facia 31,0(0 620 0 31,000 100% 0 1,550.00 2,449.00 05500-2 Handrails 12,000 620 0 12,000 100% 0 6(X).00 948.00 057(0-2 Ornamental Metal 15,0(0 620 0 15,000 100% 0 750.00 1,185.00 06200-2 Cedar T&G Soffits 12,137 620 0 12,137 100% 0 606.85 958.82 06402-2 Finish Carpentry 12,000 620 0 12,000 100% 0 600.00 948.00 07200-2 Insulation 25,000 620 0 25,000 100% 0 1,250.00 1,975.00 07320-2 Roof Insulation & Tiles 195,000 620 0 195,000 100% 0 9,750.00 15,405.00 07410-2 Metal Siding 02nd floor 154,302 620 0 154,302 100% (0) 7,715.10 12,189.86 07531-2 Membrane Roofing 35,000 620 0 35,000 100% 0 1,750.00 2,765.00 07820-2 Skylights 49,00() 620 0 49,000 100% 0 2,450.00 3,871.00 08110-2 HM Frames 49,700 620 0 49,700 100% 0 2,485.00 3,926.30 08331-2 Sally Port Roll -Up Doors 9,900 620 0 9,900 100% 0 495.00 782.10 08332-2 Roll -Up Doors 24,317 620 1,216 24,317 100% 0 1,215.85 1,921.04 08410-2 Storefront 15,000 620 0 15,000 100% 0 750.00 1,185.00 08711-2 Doors & Hardware 90,991 620 910 90,991 100% 0 4,549.55 7,188.29 08920-2 Windows/Curtainwall 136,500 620 1,365 136,500 100% 0 6,825.00 10,783.50 Page 2 3/15/%1:51 PMCree Contract W/S- Pmt # 5 Law & Justice Center Contrat Spec. Description Description 09250-2 GWB Hang/Tape Finish 09301-2 Ceramic Tile & Pavers 09511-2 Ceiling Grid 09513-2 Acoustical Ceiling Tile 09661-2 Resilient Flooring & Base 09681-2 Carpeting 09901-2 Painting 09902-2 Finish faint R- Touts -up 10100-2 Specialties 10155-2 Toilet part & accesories 10505-2 Storage racks & lockers 10675-2 Movable Filing System 11400-2 Food Service & Laundry Equip 12371-2 Cabinets/Casework 14240-2 Elevator Hydraulic Equip 14242-2 Elevator cab 14244-2 ElevatorTrim/Test 15330-2 Rough -in Fire Sprinkler 15410-1 Underslab Pibg. 15412-2 Rough -in Plumbing 15441-2 Plumbing Fixtures & Trim 15891-2 Rough -in HVAC 15892-2 HVAC diffusers/Grilles 15990-2 HVAC Test/ Balance&Trim 15995-2 Set HVAC roof units 16010-2 Test Comm & Security Systems 16100-2 Rough -in Electrical 16101-2 Elec Wire pulland Terminations 16119-2 Underslab Elec Duct 16190-2 Electrical Trim 16405-2 Emergency power &1JPS Equip. 16515-2 Light Fixtures 16705-2 I .. . ':7ol a...... IC............ 1A/:..:..... I.VYY 1 VI IQ5C, JyOtCIIIJ Wiring IC 16710-2 Install FA FA/Comm /LV equip Scheduled Value 206,000 74,200 32,00(1 20,(X)0 8,(x)0 45,000 85,(X)0 3 SS1 39,293 22,950 38,445 33,374 98,60() 25,246 12,000 2,000 78,425 43,900 353,318 27,865 270,973 103,008 22,422 290,632 4,000 1700,190 92,950 49,358 12,810 75,800 173,810 16 ono 218,741 Contract Tracking B.A. Z.S. Object AIC 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 620 62, 620 Final Total Payment Completed Est # 15 and stored 0 206,000 0 74,200 0 32,000 0 20,000 160 8,000 900 45,000 0 85,000 36 3,551 0 39,293 0 22,950 769 38,445 667 33,374 688 J`fA,YVI07 f A O 98,600 0 25,246 0 12,000 0 2,000 0 78,425 0 43,900 0 353,318 0 27,865 O 270,973 O 103,008 3,363 22,422 0 290,632 80 4,000 u 170,190 0 92,950 0 49,358 0 12,810 0 75,800 0 173,810 338 16,900 0 218,741 Balance to Retainage Sales Tax % Complete Paid Paid 100% 0 10,300.00 16,274.00 100% 0 3,710.00 5,861.80 100% 0 1,600.00 2,528.00 100% 0 1,000.00 1,580.00 100% 0 400.00 632.00 100% 0 2,250.00 3,555.00 100% 0 4,250.00 6,715.00 100% 0 177.55 280.53 100% 0 1,964.65 3,104.15 100% 0 1,147.50 1,813.05 100% 0 1,922.25 3,037.16 100% 0 1,668.70 2,636.55 100% Vl 1,720 .35 '1111 1C !fV.LJ 100% 0 4,930.00 7,789.40 100% 0 1,262.30 1,994.43 100% 0 600.00 948.00 100% 0 100.00 158.00 100% 0 3,921.25 6,195.58 100% 0 2,195.00 3,468.10 100% 0 17,665.90 27,912.12 100% 0 1,393.25 2,201.34 110%n 0 13,548.65 21,406.87 100% 0 5,150.40 8,137.63 100% 0 1,121.10 1,771.34 100% 0 14,531.60 22,959.93 100% 0 200.00 316.00 100% 0 8,509.50 13,445.01 100% 0 4,647.50 7,343.05 100% 0 2,467.90 3,899.28 100% 0 640.50 1,011.99 100% 0 3,790.00 5,988.20 100% 0 8,690.50 13,730.98 100 11 "5 .00 1,3'1.10 100% 0 10,937.05 17,280.54 1 3/15/%1:51 PMCrce Contract ' 'mt # 5 Contract 1•acking Law & Justice Center Contrat Final Total Spec. Description Scheduled B.A.R.S. Payment Completed Balance to Retainage Sales Tax Description Value Object A/C Est # 15 and stored % Complete Paid Paid Area subtotal: Justice Wing 4,780,985 14,492 4,780,985 100% 0 239,049 377,698 Area Detention Wing 03310-3 FRI' Footings & Stemwalls 49,556 620 0 49,556 100% (0) 2,477.80 3,914.92 139 417 620 0 139,417 100% 0 6,970.85 11,013.94 03312-3 FRP Slab -on -grade Justice 0 35,727 100% 0 1,786.35 2,822.43 03314-3 FRI'6 elevated Slabs 35,727 6200 225.00 355.50 03314-3 Concrete floor sealant 4,5(X) 620 0 4,500 100% 04200-3 CMU Walls 135,00() 620 0135,000 100% 0 6,750.00 10,665.00 04202-3 CMU Wall ®15 -Line 65,0(0 620 0 65,000 100% 0 3,250,00 5,135.00 71,594 620 0 71,594 100% 0 3,579.70 5,655.93 04204-3 Brick Veneer Detn.3,376.93 2,137.30 0 05120-3 Structural Steel Detn. 42,746 620 0 42,746 100% 0 1,421.70 2,246.29 05124-3 Metal Roof Deck Detn. 28,434 620 0 28,434 100% 20,000 620 0 20,000 100% 0 1,000.00 1,580.00 05400-3 Metal Stud Framing Detn. 0 28,000 100% 0 1,4(X).00 2,212.00 05530-3 Security Grating 28,0(X) 620 55,000 620 0 55,000 100% 0 2,750.00 4,345.00 07320-3 Roof Insulation & Tiles 092(X)-3 Lathe & Plaster 20,000 620 0 20,000 100% 0 1,000.00 1,580.00 0 20,125 100% 0 1,006.25 1,589.88 20,125 620 09250-3 GWB Hang/Tape/Finish 2,0(X) 100% 0 100.00 158.(X) 09301-3 Spectra 'rile 2,00(1 620 0 8,000 620 0 8,000 100% 0 400.(x) 632.(X) 09511-3 Ceiling Grid 4,490 100% 0 224.50 354.71 09512-3 Acoustical Ceiling Tile 4,490 620 0 3,390 100% 0 224.50 354.71 09661-3 Resilient Flooring 3,390 620 0 12,000 620 0 12,000 100% 0 600.00 948.00 09901-3 Paint . 0 7 0. 0 00 50 9 10155-3 Tiolet Part & Accessories 1,000 620 0 1,000 100% 0 7,239.5050 11,479.00 11191-3 Install HM Detention Frames 144,790 620 0 144,790 100%, 105,000 620 0 105,0(X) 100% 0 5,250.00 8,295.00 11192-3 Security Doors/ Detention0.00 0.00Hardware: 0 1875.(X) 2,962.50 11193-3 Security Glazing 37,500 620 0 37,500 100% , 1,000 620 0 1,000 100% 0 50.00 79.00 11194-3 Submit HM Detention Frames 0 0 0.00 0.00 11195-3 Approve HM Detention Frames 0 620 0 0 0 0.00 0.00 11196-3 Order/ Del HM Detention Frames 0 620 0 0 1,000.00 1,580.00 11197-3 Security Specialties 20,000 620 0 20,000 100'., 11198-3 Security Mesh 22,345 620 0 22,345 100% 0 1,117.25 1,765.26 Page 4 3/15/%1:51 PMCree Contract W/S- Prnt tl 5 Law & Justice Center Contrat Spec. Description Description 11485-3 Comm Tower 12700-3 Dining Tables & Beds 15330-3 Rough -in Fire Sprinkler 15410-3 Underslab Plumbing 15412-3 Rough -in Plumbing 15442-3 I'lumbing Fixtures/trim 15890-3 Rough -in HVAC 15891-3 HVAC Diffusers & Trim 161(0-3 Rough in Electrical 16101-3 Elec Wire pull & Terminations 16190-3 Electric Trim 16515-3 Light Fixtures 16705-3 Low Voltage/ Systems Wirirng 16799-3 LV & Detention sys/Equip. Area Subtotal: Detention Wing 17001-4 Change order #1 Change order #2 Change order #3 Change order #4 Change order #5 Change order #6 Change order #7 Change order #8 Change order #9 Change order #10 Change order #11 Change order #12 Change order #13 Change order #14 Change order #15R Change order #16R Scheduled Value 2,(X)0 60,000 20,075 35,100 54,787 28,657 54,787 18,178 76,510 35,550 5,490 74,790 21,11H1 83,679 1,647,317 22,557 (206,877) ) 6,660 16,876 19,824 (13,224) 16,873 90,5(X) 14,099 34,586 60,687 23,906 10,220 12,147 32,173 23,20(1 Contract Tracking 13.A. R.S. Object A/C 620 620 620 620 620 620 620 620 620 620 620 620 620 620 Final Total Payment Completed Est # 15 and stored 0 2,000 0 60,000 20,075 35,100 54,787 287 28,657 54,787 18,178 76,510 35,550 5,490 74,790 422 21,100 83,679 Balance to % Complete 100% 100% 100%, 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 709 1,647,317 100% O 22,557 0 (206,877) O 6,660 O 16,876 0 19,824 0 (11,224) 0 16,873 0 90,500 0 14,099 34,586 60,687 0 23,906 10,220 12,147 32,173 23,200 0 607 10,220 12,147 32,173 23,200 100% 100% 100% 100% 100% 100% 1100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Retainage Sales Tax Paid Paid 0 100.00 158.0() 0 3,00).00 4,740.00 O 1,003.75 1,585.93 0 1,755.00 2,772.90 0 2,739.35 4,328.17 O 1,432.83 2,263.87 0 2,739.35 4,328.17 (0) 908.90 1,436.06 0 3,825.50 6,044.29 0 1,777.50 2,808.45 0 274.50 433.71 O 3,739.50 5,908.41 0 1,055.00 1,666.90 0 4,183.95 6,610.64 0 82,366 130,138 0 1,127.84 0 (10,343.85) O 333.(X) 0 843.80 0 991.20 (0) (661.20) 0 843.65 0 4,525.00 0 704.95 0 1,729.30 0 3,034.35 0 1,195.30 0 511.00 0 60735 0 1,608.65 0 1,160.0() 1,781.99 (16,343.28) 526.14 1,333.20 1,566.10 (1,044.70) 1,332.97 7,149.50 1,113.82 2,732.29 4,794.27 1,88857 807.38 959.61 2,541.67 1,1,532.80 3/15/961:51 PMCree Contract nt # 5 Law & Justice Center Contrat Spec. Description Description Subtotal: Change Orders Revised Project Total Less Value of Previous Estimates This Billing Progress Estimate #1 Progress Estimate #2 Progress Estimate #3 Progress Estimate #4 Progress Estimate #5 Progress Estimate #6 Progress Estimate #7 Progress Estimate #8 Progress Estimate #9 Progress Estimate #10 Progress Estimate #11 Progress Estimate #12 I'rogress Estimate #13 Progress Estimate #14 Progress Estimate #15 Scheduled Value 164,207 7,607,64)7 Contract i racking Final Total B.A.R.S. Payment Completed Object A/C Est # 15 and stored 78,347 164,207 Balance to Retainage Sales Tax % Complete Paid Paid__ (0) 8,210 12,972 96,807 7,607,606 100% 7,510,799 96,807 Gross Bill Retainage in escrow 472,034 23,602 351,160 17,558 198,208 9,910 338,931 16,947 789,231 39,462 874,396 43,720 477,399 23,870 880,915 44,046 818,048 40,902 534,053 26,703 775,575 38,779 574,299 28,715 269,677 13,484 156,874 7,844 96,807 4,840 1 380,380 601,001 Sales Tax Total Paid Paid To Cree• 37,291 485,723 27,742 361,343 15,658 203,956 26,776 348,760 62,349 812,118 69,077 899,754 37,714 491,243 69,592 906,461 64,626 841,771 42,191) 549,540 61,270 798,067 45,370 590,954 21,304 277,497 12,393 161,423 7,648 99,615 7,607,606 380,380 * Payments to Cree include Gross billing plus Sales Tax, less 5% retainage. Retainage is being held Total costs expensed to project are $10,013,228 601,001 7,828,227 in escrow and has been expensed. Page 6 3/15/961:51 PMCrce Contract W/S- Prnt N 5 MEMORANDUM MARCH 15, 1996 TO: Dick Zais, City Manager FROM; Tim ' ansia Services Accountant SUBJECT: Change Orders on Law and Justice Center Contract Below is a brief recap of Change Orders #1-16R per your request. Only major items making up each order are listed, totals include sales tax. If more detail is necessary, please let me know. Change Order Number Date Cost Major Item Description 1 2/2.1/95 $24,339 Relocate sewer and reroute under: ound utilities on Walnut. 2 2/21/95 ($223,220.28) Value engineering items #1-11. 3 4/18/95 $7,186.14 Revised electrical. 4 5/10/95 $18,209 Modifications to sprinkler system and flooring material — change flooring material in wei.ht room. 5 6/8/95 $21,390 Non-skid flooring (Roo—in-1077) and addition of bunks in cells. 6 7/5/95 ($14,268) This was a negative change only because of the $22,700 credit from PP&L. (See #1) Costs associated with this order were largely for putting floor drains in 2nd floor toilets. _ 7 8/10/95 $18,206 Add tapered insulation and doors 1093 A & B. Also, relocation of AHU 1, 2, 5, 6 8 8/23/95 $97,649.50 Communications center expansion. Sod in • lanters vs. concrete. 9 10/1/195 $15,212.02 10 10/24/95 $37,318 Fire Department RFP #56 -- revised power and voice data, revised brick, revised ;rease trap. JH - TJ/Memo Change Orders 1 -- 3/15/96 Change Order Number Date Cost Major Item Description 11 2/2/96 $65,481.27 Various revised wiring and power dampers -- various electrical revisions due to structural mods. 12 1/31/96 $25,795 °Fume Hood °Fire Alarm Strobes °EXIT Signs (Nuclear) °Floor Covering °Grab Bars 13 2/12/96 $11,027 'Voice & Video System °Camera Wiring °Security Mesh 14 2/15/96 $13,107 °Various ADA and Life Code Issues °Refit Coilin: Doors 15R 3/1/96 $34,715 Compensation for extended job site overhead 16R 3/1/96 $25,033 Repair Chiller damage due to extreme weather and design flaws (paid under protest -- responsibility to be determined after completion of work) cc: John Hanson, Director of Finance and Budget Ray Paolella, City Attorney Don Blesio, Police Chief JH - TJ/Memo Change Orders 2 -- 3/15/96 0- PS 96 FRI 16:12 FAX 206 771 8219 CONSTRUCTION COMPANY, INC. General Contractors City of Yakima 129 North Second Street Yakima, WA 98901 Attention: Mr. R.A.Zais, Jr. City Manager Letter No. Reference: Subject: CREE CONSTRUCTION Co. CR* Oo*graven:64 119. /t` +.l March 6, 1996 3001-022 Police Station/Legal Center 9210-111 Yakima, WA Change Order Nos. 13, 14, 15R and 16R Dear Mr. Zais: This is in accordance with your letter dated March 4, 1996, and our subsequent phone conversation. If my understanding is correct to what we agreed to, I am executing and enclosing Change Order Nos. 13, 14, 15R and 16R under the considerations. conditions and understanding that follow: a) On Change Order No. 15R attachment, we have added specific language wherein the City of Yakima waives liquidated damages. This charge must be initialed by the City. We will need a fully executed original of each change order returned to our office. b) We enclose our Application for Payment No. 15, including change orders through 16R. Due to the delay in the ability to make this application, we would certainly appreciate processing this payment as quickly as possible. c) The City of Yakima will accept the project as complete by March 8. 1996, and will immediately provide Cree Construction Co., Inc. a certificate evidencing the acceptance and proceed with the statutory time frame for release of retainage. d) We believe the work of the contract is complete with the exception of those items listed in our letter dated February 28, 1996, to Wardell Architects P.S. 5529 166th Place 9 W Box 36003 Lynnwood, WA 92046-9603 (1002 0'-08.96 FRI 18:12 FAS 206 771 8219 CREE CONSTRUCTION CO. 003 City of Yakima 3001-022 Page 2 We intend to work vigorously to their completion or resolution. e) Change Order No. 16R - We have immediately instructed our subcontrac r, SMK, to order the replacement coils for air handling units 2 and 5 to expedite the replacement and completion of the work fcr this change order. Upon. completion of the work, we will provide a detailed cost of the work. Because of the language on the attachment to Change Order No 16R it will be necessary to find the cause and assess the responsible party(ies) with the costs associated with the repairs and replacement. To be absolutely dear should the City of Yakima ultimately be responsible for the costs of this change order; or a portion thereof. we have agreed to waive any rights to mark-ups for profit and overhead costs. However, should these costs be fie responsibility of any other parry, Le architects consultants, subcontractors, insurance companies, etc., we hereby reserve our right to our mark-ups, Since this could potentially be an insurance issue, all involved parties should put their carrier on notice. The City should put their carrier on notici, as well as, advise their architect and/or consultants. We shall so advise oer carrier and advise our subcontractors of the same. At such time, when the costs are known, the adjusters and all parties have investigated the facts, we would be happy to attend a meeting to discuss the possible solution and responsibilities with the appropnate parties. It is my understanding that even if this issue has not been resolved by the time the retainage on this project is due, that you will re:ease all the retainage and not hold anything up. i thank you again for your thoughtful and complimentary letter. 1 agree that it is best to resolve the issues and close this project out. Although this project was not econornicaily rewarding for us, we certainly are proud to be a part of completing this great facility. I know the City appreciates our quality, cooperation and efforts in constructing and completion of this facility. We sincerely hope the City and its employees will enjoy and treasure their building for a long time to come. 03.08%96 FRI 16:13 FAX 206 771 8219 City of Yakima 3001-022 Page 3 CREE CONSTRUCTION CO. Should you have a need to call upon me in the future, please do so. WJ C: kci Enclosures Thank you and Warmest Regards, CREE CONSTRUCTION CO., INC. William J. Cree, President Change Crder Nos. 13, 14, 15R, 16R Application and Certificate for Payment No. 15 Consent of Surety Company to Final Payment Contractor's Affidavit of Payment of Debts and Claims Contractor's Affidavit of Release of Liens cc: Wardell Architects Z004 CITY OF YAKIMA Office of City Manager CITY HALL, YAKIMA, WASHINGTON 98901 Phone: (509) 575-6040 March 4, 1996 William J. Cree Cree Construction Company, Inc. 5529 186th Place SW Box 36003 Lnnwood, WA 98046-9603 Dear Mr. Cree: This letter is in response to your letter dated February 12, 1996. and received by me on February 22, 1996, relating to a request for additional time and compensation. I am further responding to written correspondence from Michael J. Boyle dated February 5, 1996. and February 19, 1996. relating to the damage to chiller water coils at the Yakima Police Station/Legal Center, as well as various followup discussions and negotiations on these matters. First, I wish to compliment you and your staff on the manner in which they have accomplished the construction of the facility in a spirit of professionalism while working with various City officials. I can understand and appreciate that both the City of Yakima and Cree Construction need to close out this project as soon as possible and resolve the remaining issues within the limitations of legal/budget authorities as well as appropriate business considerations. This letter is to inform you of the City's decisions on project closure and resolution of the outstanding issues. Based upon recent correspondence and discussions with Mr. Boyle, I understand that Cree is requesting payment by the City of Yakima of an additional $20,000 in extended overhead expenses, together with the $22,723, plus tax, in extended overhead expenses which had been previously contemplated. In addition, Mr. Boyle has indicated that Cree Construction cannot accept the Architect's direction of February 15, 1996, to perform whatever work is necessary for complete remediation of the chiller water coil damage. It is estimated that such remediation costs will amount to approximately $25,000, and Mike Boyle has suggested that. the City of Yakima pay the first $18,000 of that expense, The City of Yakima must decline to participate in such an arrangement for the repair of the damaged coils. After carefully researching this matter, we believe that Cree is obligated under the Contract to perform the work that was directed by the Architect's Instruction Letter of February 15, 1996. We realize that there are various parties with an interest in this coil repair issue, and it is for that reason that we have consistently stated and directed that this work should be performed immediately, and then followed up with negotiations with the Contractor, the City, and the design Architect as to the ultimate allocation of cost responsibility amon`,_ the parties involved.`_ view of the matt 'r is very basic. The Contra,.,: 'lrzs a responsibility to deliver a building to the Owner which is fully operational and with all equipment performing as specified. Accordingly, it is the City of Yakima's position that the coil repair work must be completed pursuant to the Contract by Cree Construction, and we need to receive from Cree Construction, on or before March 8, 1996, its commitment to fulfill the Contract and perform this repair work. As to the extended overhead issue, it is my opinion that the City has been more than fair and considerate in attempting to accommodate Cree's concerns and resolve this issue. Last week we indicated to Mike Boyle the City's willingness to pay a total of approximately $35,000 in extended overhead expenses for the time periods beyond the original final completion date of 12/22/95. The City has reached the limits of its budget constraints. Further, Cree has demobilized and is no longer incurring site overhead expenses. Moreover, our architects do not agree that further payments are warranted or justified. Not all delays and time extensions are the responsibility of the Owner, however, we also have not imposed any liquidated damages on Cree for delays by the Contractor to date. It is important for all of the parties that this project be closed out as soon as possible, all remaining work be completed, all appropriate payments be made, and final acceptance be made by the City. We are prepared to work with you in good faith to accomplish these objectives in the next few days. In summary, the City's position and decision on the contract completion issue is as follows: All remaining work must be completed by the Contractor as soon as possible, including original contract work, outstanding change orders, punch list items, and warranty items. • The City will pay the "up front" costs of coil damage repair, with the understanding that such payment is being made "under protest" without prejudice to any party's rights to assert that the repair costs should be reimbursed or reallocated, subsequent to final negotiations between the parties. Change Order 16R is enclosed with this letter to accomplish this objective. • If Change Order 16R is not executed by Cree Construction Company by March 8, 1996, the City will proceed to hire another company to perform the coil repair work, and the City will exercise its rights to pursue such claims or other avenues as may be necessary to recover these expenses and any warranty impairments which may arise. • Change Order 15R is also enclosed with this letter and provides for the payment of extended overhead expenses in the amount of $34,714.67 as determined by the City. • The City's architect has previously forwarded to you Change Orders 13 and 14 to resolve the payment for certain code and voice/video system issues. These change orders need to be executed by Cree Construction as soon as possible to enable project close-out. • If Cree promptly executes Change Orders 13, 14, 15R, and 16R and otherwise completes the project as contemplated in this letter, the City also would agree not to impose any liquidated damages under §8.2.4 of the Supplementary Contract Conditions. • Commensurate with formal acceptance of the above actions, the City is prepared to immediately issue a final Project Acceptance letter for the project by March 8, 1996. I would respectfully urge your serious consideration and approval of the City's proposals, and the execution of all outstanding Change Orders for the project. We believe this is a fair and appropriate resolution to these issues and disputes. I also am convinced that the disagreements between us do not warrant further delay, possible claims or costly litigation which could easily exceed the financial differences currently separating us. Both the Contractor and the City have experienced extra costs for this project which were not anticipated. Now is the time to bring the project to a close on an amicable basis, accept our mutual share of responsibility and avoid any further losses for both parties. I again want to express the City's appreciation to you and your company's efforts and work on this important project over the past few months I look forward to us reaching a satisfactory conclusion to these matters as soon as possible. Thank you for your consideration. Very truly yours, R.A. ZAIS, JR City Manager / m 1 w Enclosure c: Glenn Rice, Assistant City Manager Ray Paollella, City Attorney Don Blesio, Chief of Police John Hanson, Director of Finance & Budget Bob Wardell, Wardell Architects William Buursma, John Graham Associates CONSTRUCTION COMPANY, INC. General Contractors City of Yakima 129 North Second Street Yakima, VVA 98901 Attention. Mr. Dick Zais Yakima City Manager RECEIVED r"TY OF YAKIM4 FEB 2 21996 OFFICE OF CITY MANAGE February 12, 1996 Letter No. 3001-020 Reference: Police Station/Legal Center 9210-111 Yakima, WA Subject. Request for Additional Time and Compensation Dear Mr. Zais: As you are aware, Cree Construction Co., Inc. continues to receive Change Orders for additional work as we are endeavoring to achieve project close-out. These matters have arisen at or after substantial completion and impacts our ability to achieve final completion in the normal course. The impact of prior project delays, for which notice and request for additional time and compensation has already been provided, together with the current and ongoing issues which are outstanding, requires additional time for project completion and additional compensation. These costs include Cree Construction Co., Inc.'s extended field costs and office overhead, in addition to the direct costs for the added or corrective work which is outside the scope of the original plans and specifications upon which Cree Construction Co., Inc.'s bid was submitted. 5529 186th Place S.W Box 36003 Lynnwood, WA 98046-9603 (206) 775-0454 FAX (206) 771-8219 22:3-C.11 -CR-EE-•- • 33- NM City of Yakima Letter No. 3001-020 Page 2 of 2 Because there remain several outstanding issues which are still unresolved, it is difficult to accurately predict the exact number of additional days that .will be required to achieve project completion. Our best estimate at this time is at least 30 additional days and more likely 45-60 days depending upon the extent of the work and the delay in decision by the City. Our daily field and office costs vary, based on the project and circumstances but run between $2,000 00 to $2,500.00 per day. Accordingly, please consider this to be Cree Construction Co., Inc.'s notice and request for additional time and compensation regarding all outstanding issues and work remaining to be completed, as of the date of this letter. Sincerely, CREE CONSTRUCTION CO., INC. William J. Cree, President WJC:nlb