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HomeMy WebLinkAboutExhibit BCity of Miami Non -Conformance Notice To: Joe Cerrone Recreational Design and Construction, Inc. Project No: 40-P-00-0070 Project Title: Shenandoah Park Pool Renovation Address/Location: 2111 SW 19th Street Miami, FL, 33145 N-CN No.: 1 Date: 07.09.2023 Letter No.: 2 (One Notice per form) Contract Addendum No. 4 Para: Drawing LAD Letter Detail: Document Ref: Reference: Nature of Non -Conformance: Alternates 2 and 3, Plaza & Fitness Areas; where supposed to be completed and turned over to the City within 180 CD from NTP. NTP date 10/27/21 Base Line schedule completion 3/8/22 Revised schedule completion 6/27/22. As of today, we don't have an anticipated completion. PROVIDE A RECOVERY SCHEDULE FOR THE PLAZA, FITNESS AREA, POOL BUILDING AND BASKETBALL COURTS. Pool building is also way behind schedule. By: Fenton, Robert Date: 06.22.2022 Date Response Needed: 06.29.2022 Attachments: Date Correction Needed: 06.29.2022 Distribution: CM, Consultant, CPM, CCM Unless expressly stated in writing herein, the City of Miami does not waive any rights afforded to it under any and all contracts or written agreements related to this project, or to which the City of Miami may avail itself in law or equity. City of Miami 444 SW 2nd Ave Miami, Florida 33130 General Terms and Conditions Page 1 of 3 City of Miami Non -Conformance Notice Proposed Correction (Response): This letter serves as a response to the Non -Conformance Notice of Default, received via email on June 22, 2022, from the City of Miami's construction project manager Robert Fenton. The Notice received lists the original schedule, the fact that RDC has not met the schedule completions, and requires RDC to provide an anticipated completion date for each phase. As a response to the Notice letter, we have provided an attached schedule and outlined some of the delays. RDC has had several unfortunate and unforeseen delays that have impede RDC from completing the project as per the original schedule. One of the delays we encountered, and are still facing, is the submittal process. Kimberly Horn takes a long time to answer submittals and is unresponsive. Even today, in our OAC meeting the architect complaint he is having issues with them answering his calls. Some of the delays were caused by RDC not submitting on time, but most of the delays dealt with getting submittal reviewed and approved. For example; furnishing selections, joint plan, site elevations RFI (which till this date, we have no response). It took two weeks for Kimberly Horn to visit the site and approved the concrete walkway with exposed aggregate finish. Once the sample was approved, we could not get the exposed aggregate finish material for another month. Another big delay were the light pole bases, which set us back two months, it went from 4 weeks fabrication to 14 weeks. The end of June first week of June, we had a severe rainstorm and bad weather, and were not able to pour any concrete. We've had at least four concrete pour cancellations due to no available concrete material, each time this happens it causes at least one to three days delay. The original bid mentioned the use of LCPTracker software to process the workforce plan and all certified payroll, nonetheless we were later informed that this software was not available for the City of Miami projects. RDC then had to find a consultant to take over the work of collecting all of the workforce/certified payroll weekly. This task was not easy, and this consultant was not able to start until the end of February. RDC's pay application were paused and not processed causing a three-month delayed on payment. Our site contractors and concrete contractors walked out of the project as a result, it took another week to get them back with the use of legal notices. The permitting process on Ibuild/ProjectDox is also very time consuming. It's a new system that apparently even the City's staff is learning. This week I found out that we need to pull a pool permit aside from the master permit, which listed the pool as part of it. It has taken three days to try to get our pool license registered, even after providing all documents within hours. With the help of the City's construction manager and other key personnel we have been able to push along the permitting process. RDC's project manager has taken over the process to make sure we have no more delays with all remaining permits. Undoubtedly in 2022 the world is seeing the pandemic's, Twin Towers, closure of ports effects. The construction industry is facing delays in all aspects; labor, material, equipment, costs. The Shenandoah project is now facing these challenges. The switchgear is 72 weeks delayed, the pool panel is 52 weeks delayed, from factory. We were informed this morning; the doors have another 6 weeks delayed. Yesterday we were informed the furnishings we City of Miami 444 SW 2nd Ave Miami, Florida 33130 General Terms and Conditions Page 2 of 3 City of Miami Non -Conformance Notice were expecting in July, now have a delivery date of September. Several pool equipment pieces are on back order, tanks, etc. The delivery cost has become higher than many of the material itself. All of these items are out of our control, but RDC has and will continue to devote all resources possible to the successful completion of the Shenandoah Project. RDC is committed in full to complete the project ASAP and as per the schedule attached. RDC has proposed a temporary switchgear panel. RDC has contacted different fabricators for the pool panel. RDC has assigned a project engineer the task to call subcontractors and stay on top of them for manpower. RDC is in the process of acquiring another full-time project engineer to assist push the project in all areas. RDC has met with subcontractors to make sure the recovery schedule is met. RDC will continue to find ways to improve and complete the project in the following completion dates. - Promenade & Exercise Completion August 4th, 2022. With the exception of the furnishings, delivery is expected in mid -September. - Phase 1: Pool Completion Oct 24 '22. - Phase 1A: Baseball Field Completion Oct 31 '22 - Phase 2: Soccer Field Completion Dec 20 '22 - Final Completion Jan 19 '23 - Switchgear Change -out Completion Oct 10 '23 Contractor: Recreational Design and Construction, Inc. By: Mayra, Fenton Date: 06.29.2023 Attachments: Letter and Schedule Distribution: CM, Consultant, CPM, CCM Resolution Comments: The city is still waiting for the impact analyze schedule. The contractor (RDC) shall submit schedule to demonstrate how the critical path was affected. As of today, the contract is behind schedule and Liquidated Damages are applicable. Date Non -Conformance Corrected: 07.09.2023 Acceptance of Non -Conformance Correction By: Date: City of Miami 444 SW 2nd Ave Miami, Florida 33130 General Terms and Conditions Page 3 of 3