Though the project remains well within budget, the time delay peeved the City Council, which heard a status update on the construction Monday night, June 4. Council members have been particularly frustrated by the high number of change orders Flintco has submitted in recent months — requests that have added $1.7 million to the project's cost, according to a new report from the Public Works Department.
The time delay has added another level of frustration. City Manager James Keene emphasized Monday that there have been "significant delays in the project, and the city has been displeased with the contractor's performance to date." To deal with the problem, the city has retained outside legal counsel. The council is scheduled to hold a closed session with attorneys later this month to consider possible legal action. Keene suggested that sorting out who is at fault for all the delays would be a process that would stretch beyond the completion of the new library. He said he expects it will be resolved in mediation or arbitration.
Keene and Phil Bobel, assistant director of Public Works, both said that while they don't fully trust the contractor's estimate for the new completion date, the city will do everything it can to make sure the $41 million project is completed as soon as possible. Bobel attributed the latest delay to the inability of a subcontractor, Fast Glass, to get windows installed on time and to Flintco's failures to enforce the deadlines.
"Our confidence level in the contractor, Flintco, and its subcontractors is not high," Bobel said. "However, we're going to work hard to try to exceed this schedule and bring it in before this date."
Council members shared staff's frustrations with the delays. Vice Mayor Greg Scharff called it "really unfortunate that the contractor is not living up to the promises they made to us on this."
The issue of weatherproofing the building isn't the only recent snag to hit the project. A recent report from the project manager, Turner Construction Company, also refers to the contractor's failure to pass inspections, noting that city and special inspectors have had to re-inspect work several times. The progress report from Turner includes statements: "Little progress on dry-in for the last 4 months." "Work is not always ready when inspection is requested." "Work does not always pass inspection." "Window mock ups failed water leak testing."
The delay is just the latest unpleasant surprise to hit the high-profile project. Last year, the council learned that its design consultants failed to include some key details in their plans, prompting the contractors to raise the cost estimates. The council responded by hiring legal consultants to consider which, if any, contractor was at fault and by mandating regular update reports.
Councilman Larry Klein stressed on Monday the need to keep the public informed on the project's progress. The council also directed staff to include in future monthly reports a description of actions staff has taken to ensure there wouldn't be further delays as well as milestones the city should expect to meet in the ensuing reporting period.
The Mitchell Park Library is the most ambitious of the three projects included in the 2008 bond. The city has already completed a major renovation of the Downtown Library and is scheduled to refurbish and expand Main Library once the Mitchell Park project is finished.
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