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