Loading...
OIG No. 24-21 Inspector General G.O. Bond Quarterly Report Joseph M. Centorino, Inspector General Page 1 of 4 TO: Honorable Mayor and Members of the City Commission FROM: Joseph Centorino, Inspector General DATE: September 13, 2024 RE: Inspector General G.O. Bond Quarterly Report OIG No. 24-21 Introduction This report is written in compliance with Section 2-256(j) of the City of Miami Beach Code, which requires the Office of the Inspector General (OIG) to prepare and submit to the City Commission on a quarterly basis a written report concerning the planning and execution of the General Obligation Bond Program, including progress reports, financial analysis, and potential risks. The review is based on official City records, OIG attendance at internal implementation and oversight committee meetings, interviews with staff and other department personnel as well as regular discussions with the Program Director. This report is intended to provide the Mayor, City Commission and the public with useful information and periodic evaluations regarding the implementation of the G.O. Bond projects to date. Update In OIG No. 25-05, the OIG reported on the wasteful practice of late-stage design changes and the impact on project timelines and budgets. The OIG recommended that the City study the cumulative impact of this practice on project costs and timelines, weigh the costs and benefits of the practice and assess whether changes in the approval process for G.O. Bond and other City projects are warranted. On May 9, 2024, the OIG met with the G.O. Bond Oversight Committee to discuss the recommendations in OIG No. 25-05, including the suggestion that the City conduct an inventory of all cost estimators currently being used in order to assess how well they predict construction market changes in light of the budget shortfalls on many of the projects. On July 10, the OIG met with Commissioner Alex Fernandez, former City Manager, Rickelle Williams, the City Attorney, the G.O. Bond Director, Interim Assistant City Manager Director, and other staff to discuss proposed legislation labeled, “Stop the Pause.” Commissioner Fernandez sponsored the new legislation, Item R5AJ on the July 24th Commission meeting agenda, and stated in his Commission memorandum: As recognized by the Mayor and City Commission in Resolution No. 2024-33144 and by the Office of the Inspector General in OIG Opinion Nos. 24-05 and 24-12, it is in the best interest of the City to ensure that such critical infrastructure projects proceed without unnecessary interruptions or modifications once they have reached advanced stages of design or are shovel-ready. The proposed Ordinance would codify more stringent voting thresholds necessary to take any action that would have the effect of pausing, delaying, stopping or materially modifying critical Page 2 of 4 infrastructure projects at advanced stages to ensure continuity and completion, while allowing for exceptions in the case of unforeseen site conditions that materially impact the cost of the project, funding limitations, and/or funding emergencies, and provided, the Ordinance would not in any way limit the Commission’s ability to accept the recommendation of the City Manager to reject all bids, to take any action the Commission deems necessary to protect the City’s rights under a contract with a design consultant or contractor. In addition, the Ordinance contemplates that the approval of (a) material changes to increase the scope of a critical infrastructure project having an estimated construction cost of $1,000,000 or more or (b) to approve an increase to the contract price relating to such a critical infrastructure project shall continue to require only a simple majority (i.e. 4/7th) vote of the City Commission. The proposed Ordinance also clarifies its scope by defining “critical infrastructure projects” as only the following: (i) Projects relating to fire flow, stormwater systems, potable water, and sanitary sewer projects deemed by the city manager to be critical due to risk of failure; (ii) Utility projects to replace and/or upgrade systems that are at or near capacity; (iii) Neighborhood Improvement Projects (“NIPs”) that have been approved by the city commission, that may include resiliency-related improvements such as road raising and harmonization. The ordinance was passed by the City Commission on second reading at its regular meeting on September 11. The OIG supports the ordinance as a step towards greater fiscal responsibility. As a result of its adoption, the OIG foresees that its successful implementation may provide the basis for considering its extension to additional projects, including certain ones in the 2018 General Obligation Bond. Compliance with Management Policy for Internal Controls on Major Construction Projects Resolution 2022-32047, passed in February 2022, said, in part, that “the City Administration and the City Commission desire to establish consistent management policies in the completion of major construction projects, particularly as the City proceeds with a robust capital improvement program to implement General Obligation Bond projects…” The goal of the policy is to identify those projects with construction budgets greater than $5 million that experience a 5% increase in scope and cost without the knowledge of the department directors, City Manager and Commission in order to control escalating costs and “scope creep.” During this quarter, the OIG requested a report from the G.O. Bond Director to determine which G.O. Bond projects fell within the policy and whether the policy was being followed. A copy of the analysis can be reviewed in the attachment List of G.O. Bond Projects by Bond Category. The OIG met with the Administration and has identified a number of issues related to the application of the policy. For example, the Marine Patrol Facility, in the design stage, has experienced scope/design changes that have resulted in a budget increase request of $3,431,834.50, well above the 5% contemplated by the policy, but still below the $5 million threshold for the construction budget. The increase in scope and cost occurred based on instructions from the Design Review Board and was within the knowledge of the department director and City Manager. Consequently, it was ultimately determined by the Administration that the policy did not apply. The OIG will work collaboratively with staff to ensure the policy is consistently applied whenever warranted. Page 3 of 4 Construction Delays The following six projects have not started construction as previously anticipated: Project Name Reason for Delay Bayshore Traffic Calming Design revisions required after County review Pedestrian Bridge Permitting with outside agencies. This is being delivered by a private party developer. Police Headquarters GMP* over budget/design revisions needed Flamingo Park Butterfly Garden Construction of the temporary daycare center at Flamingo Park Fire Station #1 Commission Action/Project on Hold Street Lighting Contractor selection process took longer than expected *Guaranteed Maximum Price G.O. Bond Oversight Committee Motions The Committee made a motion to include workforce housing, including artist housing, as part of the Byron Carlyle theater project, utilizing $4 million of G.O. Bond funds available in Tranche 2 for workforce housing. This quarter the Oversight Committee once again made a motion recommending that the City Commission proceed with the Fire Station #1 project at the South Shore Community Center site, and not proceed with the Flamingo Park location because of concerns over the funds spent to date, the significant cost increase, and reduction of fire safety services during the next three years (due to project delays). However, in light of the recent Referendum approving the Flamingo Park location for the Fire Station and the apparent City Commission consensus toward removal of the Community Center site from consideration, that issue is probably closed at this point. As a G.O. Bond project, its implementation will continue to be monitored by the OIG. Log Cabin This quarter the OIG received a complaint from a North Beach resident who was concerned about the City’s maintenance of the remnants of the historic Log Cabin which have been stored for several years in containers awaiting reconstruction of that building. The OIG confirmed that the dismantled logs have been stored in an air-conditioned structure. The chimney and fireplace are being stored in an open-air structure and have vegetation growing within the crevices of the remnants. The Division Director of Facilities Management, Frank Garcia, visited the North Shore area where the Log Cabin is being stored and observed the plant growth. The Department is opening a work order to remove the plant material from the structure and spray with an EPA approved organic pesticide. They have also opened a recurring preventative maintenance work order to check on the coral rock fireplace and remove all plant material on a quarterly basis. The City has started the procurement process to hire a design consultant for a newly-renovated Log Cabin. G.O. Bond for Arts and Culture In January, the Miami City Ballet requested a reimbursement for design services and project management costs associated with a scope of work that was beyond the enhancements outlined in its grant agreement with the City.The reimbursement was put on hold while the City engaged in a series of meetings with the grantee to work through the items deemed to be outside the scope of work that had been authorized. Currently,the total project cost is $16,423,400 which creates a budget shortfall of $4.425 million.On July 11,the City issued a Notice of Non-Compliance to the Miami City Ballet and instructed them to suspend further expenditures related to the project until such time as the project complies with the scope of work and budget as set forth in the grant agreement.Therefore,the project is on hold until the budget deficit is resolved.The OIG will continue to monitor the project for possible future audit. tfully submitted cc:Karen Rivo,Chairperson of the G.O.Bond Oversight Committee Eric Carpenter,City Manager Thais Vieira,Interim Director G.O.Bond Program Ricardo Dopico,City Attorney OFFICE OF THE INSPECTOR GENERAL,City of Miami Beach 1130 Washington Avenue,6th Floor,Miami Beach,FL 33139 Tel:305.673.7020 •Hotline:786.897.1111 Email:CityofMiamiBeachOIG@miamibeachfl.gov Website:www.mbinspectorgeneral.com Page 4 of 4 LIST OF G.O. BOND PROJECTS BY BOND CATEGORY Bond Cat. GOB Total Budget + Funding Prior to 2018 Referendum Total Project Budget Including All Grants + Other Funding Internal Policy Controls Criteria Does Policy Apply at this Time? Policy created in February 2022 Construction Budget above $5M 5% (+) or (-) in cost due to Scope 25% increase in time per contract 2 Collins Park 557,287 557,287 Construction Cost < $5M No 3 Crespi Park 184,920 184,920 Construction Cost < $5M No 4 Fairway Park 260,000 260,000 Construction Cost < $5M No 5 Flamingo Park & Youth Center 30,550,000 30,550,000 50% Master Plan in various stages. 50% PAL in future. No 6 Fisher Park 105,000 105,000 Construction Cost < $5M No 7 La Gorce Park 150,000 150,000 Construction Cost < $5M No 8 Lummus Park 4,737,000 4,737,000 Construction Cost < $5M No 9 Marjory Stoneman Douglas Park 682,000 682,000 Construction Cost < $5M No Policy created in February 2022 Construction Budget above $5M 5% (+) or (-) in cost due to Scope 25% increase in time per contract 11 Muss Park 250,000 250,000 Construction Cost < $5M No 12 North Beach Oceanside Park Beachwalk 3,000,000 3,000,000 Construction Cost < $5M No 13 North Shore Park & Youth Center 5,725,000 5,725,000 Each Sub-Project < $5M No 14 Palm Island Park 231,000 231,000 Construction Cost < $5M No Policy created in February 2022 Construction Budget above $5M 5% (+) or (-) in cost due to Scope 25% increase in time per contract 16 Pinetree Park 700,000 700,000 Construction Cost < $5M No 17 Polo Park 493,673 493,673 Construction Cost < $5M No 18 Scott Rakow Youth Center 3,512,091 4,549,306 Each Sub-Project < $5M No 19 Soundscape Park 4,575,497 4,575,497 Each Sub-Project < $5M No 20 South Pointe Park 480,000 480,000 Future No 21 Stillwater Park 142,440 142,440 Construction Cost < $5M No 22 Tatum Park 840,000 840,000 Construction Cost < $5M No 23 Baywalk 15,000,000 15,000,000 In Design Phase No 25 Waterway Restoration 6,000,000 6,250,000 In Design Phase & Future No 27 Log Cabin 1,076,000 1,076,000 Construction Cost < $5M No 28 Art Deco Museum 2,000,000 2,000,000 Construction Cost < $5M No 29 West Lots 5,000,000 5,000,000 Future No 72 Street Community Complex Maurice Gibb Park 101,742,327 1,137,000 3,322,112 39,290,190 12,889,179 Parks Skate Park 30 1 15 Par 3 / Community Park (Bayshore Park) 24 Middle Beach Beachwalk Phase 3 10 Roof Replacement for Cultural Facilities26 Project COMPLETE with SAVINGS Each Sub-Project < $5M Construction Cost < $5M 54,546,000 8,971,957 25,626,295 6,889,179 2,932,631 937,000 No No No No No No Project Name 11,675,707 Page 1 of 2 Complete Project Funding_9.03.24 LIST OF G.O. BOND PROJECTS BY BOND CATEGORY Bond Cat. GOB Total Budget + Funding Prior to 2018 Referendum Total Project Budget Including All Grants + Other Funding Internal Policy Controls Criteria Does Policy Apply at this Time?Project Name 31 Ocean Drive Corridor 20,000,000 20,000,000 In Design No 32 Palm & Hibiscus Landscaping 1,000,000 1,000,000 Construction Cost < $5M No Each Sub-Project < $5M 34 Above Ground Improvements 43,000,000 43,000,000 Future No 35 Flamingo Park Neighborhood 20,000,000 20,000,000 Future No 36 Washington Ave Corridor 10,000,000 10,000,000 Future No 37 Sidewalk Improvements 13,000,000 13,000,000 Future No 38 Street Pavement 30,000,000 30,000,000 Future No 39 Seawalls and Shorelines 10,000,000 10,150,000 Future No 40 41 Street Corridor 15,000,000 15,000,000 Future No 41 La Gorce Neighborhood 14,000,000 14,000,000 Future No Each Sub-Project < $5M Each Sub-Project < $5M 44 North Shore Neighborhood 8,000,000 8,000,000 Future No Policy created in February 2022 Construction Budget above $5M 5% (+) or (-) in cost due to Scope 25% increase in time per contract 46 Ocean Rescue North Beach Facility 5,000,000 5,000,000 Feasibility Study Underway No 47 License Plate Readers 1,575,674 1,575,674 Each Sub-Project < $5M No TBD once final CM @ Risk budget is received 49 Public Safety Radio System 9,700,000 9,700,000 Project COMPLETE No 50 Cameras - Business Districts 825,000 825,000 Each Sub-Project < $5M No 51 Fire Station #3 10,000,000 10,000,000 Future No 52 LED Lighting in Parks 3,807,919 3,807,919 Each Sub-Project < $5M No 53 Security for Public Spaces 4,349,916 4,895,419 Each Sub-Project < $5M No Construction Cost < $5M 55 Street Lighting Improvements 10,000,000 10,000,000 In Design No 56 Cameras - Beach Walk 693,219 693,219 Construction Cost < $5M No 57 Cameras - Entertainment District 1,660,000 1,660,000 Each Sub-Project < $5M No TOTAL 456,019,603$ 562,706,833$ Public Safety 48 Police Headquarters FacilityInfrastructure 15,623,172 30,159,373 45 Fire Station #1 42 Traffic Calming 5,814,199 43 Protected Bicycle Lanes and Shared Bike/Pedestrian Paths 8,919,500 6,187,720 6,100,000 No No On Hold TBD No 5,000,000 11,746,058 11,073,272 54 Marine Patrol Facility 2,700,000 5,000,000 2,733,575 No33 Street Tree Master Plan Page 2 of 2 Complete Project Funding_9.03.24