improvements 10-5-04 001
OWENS DAVIES, P.S.
Attorneys at Law
Frank J Owens Street Address:
Richard G Phillips, Jr. 926 - 24ih way SW
Bnmr I Budshcrp Olympia, Washmgmn 98`02
lhchaal R Mavber,
Kirk M. \ ea Mailing Address:
%Ulha, Is Ed,evrds P O box 187
Brent F Dille ~I Olympia, Washington 98507
Benjamin J. Riley
VthurL Devies(Retired) Phone (360)943-8320
Button R. Johnson i 1970) Facsimile (360) 943-6150
October 5, 2004
A.M. James Company, Inc.
Attention: James Wright
P.O. Box 815
Gig Harbor, WA 98335
RE: City off elm, City Hall Improvements
Dear Mr. Wright:
Please be advised that I am the City Attorney for the City of Yelm and have met with both Gary Carlson
and Shelly Badger regarding the above referenced matter. As of this date, the project is still not
completed to the City's satisfaction, The City's main concerns revolve around the remaining cabinetry
work, the balancing work needing to be performed on the HVAC system, and additional items included to
the attached Phase II Punch List, which have been highlighted for clarity
This City currently holds $11.146 as retainage, in addition to a remaining contract balance of $22,051.82.
Should you so choose not to complete the cabinetry, HVAV and the Punch List items within 10 days of
receipt of this letter, the City will declare you in breach of your contract. In such event, the City will
complete the work on its own and offset its costs against any amount claimed to be due and owing to you
a] well as forfeit your retainage.
Finally, the facts of this case certainly would allow tbe.&;4of Yelm to invoke the liquidated damages
provisions pursuant to the contract; however, it is my hope that these items will be rectified in a timely
matter, and the City will not need to do so.
After receipt and review of this letter, please contact Gary Carlson directly to schedule a convenient time
to complete the above referenced items. Thank you for your time and attention in this matter. I remain...
Very truly yours,
~(r
rent F Dille
'S-rent F Dille
BFD. pd
Enelosrlre
ee. Shelly Badger
Gary Carlson
CNA Surety
Phase II Punch List
Room 106-Agnes Office
GA9618 9@FRIIGhGG GA WNW"
6, 9qwqhQ@;:q8F
Room 107-Barb Office:
Room 108-Work room:
Room 105-Safe Room:
~eWes
Room 109-Main counter:
1 Grout all around main counter, both sides, one missing all together, other cracking or
separated.
3. Seam in main counter uneven
enhance
6. Gap around counter and molding
7 S-i*i salignW
Women's Restroom
2.--blsle'-Hatpfaen+wall
Men's Restroom
Break room
Main Workroom
2-- Glde-aA-Cabinet 9aers
4. Door Hardware not smooth, catches upon opening
5, touch up paint on door trim
Council Room
pal44
3. Main doors drag & scrape tile when opening
Shelly s Office
1. Align bookcase wall
4P@ R& Iiii-eal; WR
5. Sheetrock the alcove on the north side comer
Dana's Office
Mayors Office
;L QQGF iamb touch WP
Replace base-very poorjob in this room
4, Touch up paint on the wall behind door and on the south wall
Cabinetry
1. Block counter at each end
2. Drill Holes for power/communication cables in counters at work room and water dept.
desk
4. Repair Shelly's Book shelf
5. Install shelves with doors in Dana's Office
6. Align all shelf doors where required
8. Back wall under counter
9. Additional Shelves
a. 2 for Shelly
b. 4 for Dana
10 Council Bench
a. Fill in staff/council counter elevation change
b. End pieces on both ends of the bench
c. Finish trim on bench
d. Install base at bench
e. Repair scratch on bench surface
f. Fix seam on right side of the arc,
g Finish corners of bench.