LTC 204-2004 Regional Library Status Report
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. 204-2004
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To:
Mayor David Dermer and
Members of the City Commission
Date: August 4, 2004
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From:
Jorge M. Gonzalez ~ .~
City Manager .... 0
REGIONAL LIB RY STATUS REPORT
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On September 23, 1998, the Mayor and City Commission adopted Resollffion3-Jo.
98-2904, authorizing the Mayor and City Clerk to execute an Agreement with tHe'firm of
Robert A. M. Stern Architects (Stern) for the architectural and engineering design of a
Regional Library, a 400-space Parking Garage and Park and Streetscape Improvements in
the area surrounding Collins Park.
On January 6, 1999, the Mayor and City Commission authorized appropriation of the
funding necessary to implement the Agreement with Stern and authorized an amendment,
which reflected a change in scope, deleting the Parking Garage and adding the surface
lots. This Agreement included in the Master Plan the demolition of the existing library at
the completion of the new building.
On November 2,2001, the Regional Library documents were advertised for bid. Six bids
were received on December 19,2001. On April 1 0,2002, The Mayor and City Commission
accepted a recommendation from the Administration and adopted Resolution No. 2002-
24828 awarding the construction contract for the Project to The Tower Group.
On May 13, 2002, The Tower Group was given Notice to Proceed and Construction began
on the new library. At this time the new library is expected to obtain Final Certificate of
Occupancy and Substantial Completion at the end of August 2004. There have been
delays in the completion of the construction of the Project due to several factors. Some
delays have been due to Owner's requests such as the inclusion of the Streetscape
construction around the new library building which was initially envisioned as a stand alone
project but was later deemed to be more efficient to add to the Tower Agreement. Others
have been caused by unforeseen conditions such as the discovery of abandoned
underground tanks at the former Fruit Stand site.
Other delays have been caused by the less than stellar performance of both the contractor
and the major sub-consultant of the Stern team late in the process of construction. The
City has diligently worked with both entities to try to achieve completion of the Project and
to encourage them both to work in a more effective and productive manner. For various
reasons, both parties have been slow to respond, and therefore the project has
experienced periods of very slow construction and periods where the consultant has not
effectively dealt with the issues and problems that normally arise in a construction project.
Regional Library Status Report
August4,2004
Page 2
Nevertheless a Temporary Certificate of Occupancy (TCO) was obtained on June 8,2004
and both the contractor and the consultant have been working towards obtaining a
Substantial Completion Certificate (TCO allows building occupancy and is a prerequisite for
Substantial Completion). Due to several incomplete installations, deficiencies identified in
the contractor's work, and slow responses from the consultant in some instances, the
completion of a Final Punch list that would allow the issuance of the Substantial
Completion Certificate has been delayed.
The City has maintained close contact with the consultant and contractor through out the
process and has recently made some progress in making them perform more productively.
Currently, several construction deficiencies have been identified and the punch list effort
has been initiated. The major items of deficiency in construction, which are needed both
for Substantial Completion and for the Final Certificate of Occupancy (CO) are as follows:
. Correction of American with Disability Act (ADA) deficiencies in the vestibules
leading to the Multi-Purpose Room
. Corrections to ADA ramps on two sides of the building
. Completion of electrical installations in the Streetscape portion of the Project
. Replacement of two cabinets with sinks which were installed not in compliance with
ADA
. Installation of the building main sign at roof
. Corrections to decorative fountain in Courtyard
. Completion of the corrections identified in the punch list when issued
The major items pending from the consultant are as follows:
. Completion of the punch list
. Completion of review of the closeout documents as required by the Agreement with
the contractor.
o Record Drawings
o Maintenance and Operations Manuals
o Warranty information
. Review of Pending Change proposals
. Response to pending information necessary for the contractor to complete their
work
In addition, both the consultant and the contractor must work together to obtain the final
approvals from the Building Official and other regulatory agencies necessary to obtain the
CO as well as to complete the closeout process so that the Final Certificate of Completion
(FCC) can be issued. In recent conversations with CIP staff, Tower Group representatives
and the Stern partner in charge have committed to the completion of the Project and have
agreed to expedite those processes, installations and reviews necessary for the CO and
the FCC. They have also committed to work together for this purpose.
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Regional Library Status Report
August 4, 2004
Page 3
Based on the recent discussions, there is an expectation by all parties that Substantial
Completion may be obtained by the end of August 2004 and that Final Completion can be
obtained shortly thereafter. Both the contractor and the consultant have met with CIP staff
and have developed lists of items that require prompt attention and further conversations,
meetings and site visits are planned in order to achieve what is desired by all. CIP staff will
continue to monitor progress on these matters and will continue to maintain active dialogue
with both parties in order to reach the established goals.
Tower has presented a claim for delays to the City which is currently being evaluated and
has been discussed with their representatives. CIP staff has informed Tower that their
claim will not be addressed fully until progress on the completion of the Project is seen and
the different important milestones are met. Similarly, Stern has requested additional
services for Construction Administration due to the delays in the completion of the project.
CIP has also informed Stern that their request will not be evaluated until they more actively
perform the services necessary to obtain closeout and to assist Tower in obtaining the
Final CO. Both Tower and Stern have agreed to continue performing their services on the
Project with the understanding that the City will finalize negotiations on their respective
requests once the project has been completed.
The schedule for the demolition of the existing library building will be determined by the
achievement of Final CO and Final Completion on the new building. At the City
Commission meeting of July 28, 2004, the Mayor and City Commission granted the
Certificate of Appropriateness for Demolition. The City is preparing to be in position to
schedule the process of demolition sometime in late October once the Library System
completes their move from the existing building to the new facility.
The Library System has also expressed a concern about moving into the new facility until
the Final CO is achieved. Based on this position, the new Project must be completed prior
to the Library System initiating their move. Because concerns have also been raised
regarding the area being in construction during the Art Basel event in early December, the
City is considering delaying the demolition of the existing building and the conservation of
the Rotunda portion until after early January 2005. This decision will be made when all
information regarding schedules is finalized and the completion of the new Project is
achieved.
JMG~ECh
C: Robert C. Middaugh, Assistant City Manager
Christina Cuervo, Assistant City Manager
Tim Hemstreet, CIP Director
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