HomeMy WebLinkAboutHarborside AuditCITY AUDITOR
Gary W. Nystul, CPA CFE
garynystul@ci.bremerton.wa.us
April 26, 2010
Honorable Patty Lent, Mayor
Members of the City Council
Tel 360-473-5369
345 6th Street, Suite 600
Bremerton, WA 98337
The City Auditor has completed a review of the Harborside Fountain Park, Building 50
and Memorial Plaza Project and has issued the attached report. Four findings and two
other items were noted. No response to the draft of this report was received from the city
administration so it has been issued without management comment.
Sincerely,
Gary W. Nystul
cc: City Attorney
R:ICity AuditoMarborsideMansmittal letter.doc
REVIEW OF HARBORSIDE FOUNTAIN PARK - BUILDING 50 -
MEMORIAL PLAZA PROJECT
Purpose
The Office of the City Auditor reviews various phases of city operations for compliance
and performance. This review of the Harborside Park project including Harborside
Fountain Park, Building 50 and Memorial Plaza was scheduled on the 2009 work plan.
Scope
This is a review of revenue and expense in Fund 303 Harborside Park and Fund 304
Harborside Plaza & Common from January 2005 through December 31, 2009. It also
includes the documentation of grants, agreements, revenue, expenditures and fixed assets
from the construction of the Harborside Fountain Park, Memorial Plaza, the remodeling
and addition to Building 50, and the land transfers and leases. The first design contract
was awarded in January 2005. The substantial completion date of the last project,
Memorial Plaza, was May 16, 2009.
Statement of Auditing Standards
This compliance audit was conducted in accordance with Generally Accepted
Government Auditing Standards, except Standard 3.50 requiring an external quality
control review. Those standards require that the auditor plan and perform the audit to
obtain sufficient, appropriate evidence to provide a reasonable basis for findings and
conclusions based on audit objectives. The auditor believes that the evidence obtained
provides a reasonable basis for the findings and conclusions based on the audit
objectives.
Objective
The objective of this audit was to:
• Review the documents and agreements for the various sources of revenue used
• Review expenditures for the construction of the parks
• Review compliance with city policies and procedures
• Report any observations or findings relative to economy, efficiency or compliance
Summary of the Results
• There was no follow up on construction after the project was completed.
• In some instances City policies and procedures for contracts, sole source
contracts, and change orders were not followed.
• Some tasks required to complete these construction projects have yet to be
completed.
• The language of the lease of Building 50 with the Navy could be improved.
BACKGROUND
The City has embarked on a revitalization of the Bremerton waterfront near the Kitsap
Transit Center (ferry terminal) and Puget Sound Naval Shipyard. This phase is the
Harborside Park and includes three projects. They are the Harborside Fountain Park,
Building 50 (Museum), and Memorial Plaza.
The manager of these projects was Gary Sexton, the Redevelopment Projects
Administrator. It was his vision that led the design and construction of these world class
projects. They have been photographed and reported in several publications.
This project was performed under a "design -build" concept law approved by the
Washington State Legislature. Under this method, the city selected a general contractor
to act as the designer and builder. The General Contractor/Construction Manager
contract was entered into on December 1, 2005, for an initial $4,503,200.
Following the completion of construction and until January 11, 2010, the Electronics
Division of the Department of Public Works & Utilities maintained the pumps and
computer controls. On that date the Parks and Recreation Department assumed
maintenance responsibility.
Harborside Fountain. Park
The Harborside Fountain Park starts at the waters edge and is between the Transit/Ferry
Terminal and the shipyard. Approximately 2.8 acres of land was transferred from the
Navy to the city. Environmental cleanup and assessments allowed the park to be built on
top of the land. This is now a park with five large copper -ringed fountains, surrounded
by reflecting pools, walkways and extensive landscaping. The fountains have computer
controlled programs that change the water patterns for five different shows.
Building 50 (Museum)
The U. S. Navy moved Building 50 from its location in the shipyard to its resting spot in
the park at the intersection of Pacific Avenue and First Street. The building is now
owned by the city. The building was designed by Seattle architects in 1896 and built the
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same year. It was originally constructed on a hill overlooking the Shipyard. During its
life, it has been the headquarters for the Naval Station, used as a receiving ships office, a
dental office, by Shipyard chemists, and others. In 1939, it was moved to a location near
Dry Dock 5 where it rested before its present move. During the years prior to this last
move, the Navy had expended a considerable effort restoring the building to its original
condition. The building is leased for $1 per year to the Navy who operates the museum.
The Fountain Room, a 1,650 square foot addition, was added to Building 50 as part of
this project. It provides an additional event space for the community. It is managed for
the city by Columbia Hospitality who also manages the Kitsap Conference Center at the
Bremerton Harborside.
Memorial Plaza
Memorial Plaza is built on land that will be leased to the city by the Navy. It is located
west of Pacific Avenue, south of Burwell Street, and abuts the Shipyard. The land was
acquired by the Navy as a security buffer to the shipyard. The commercial buildings on it
were cleared. The automobile tunnel from the ferry terminal to Burwell Street is also
under one corner of the park. The park has three fountains that are connected. There are
several large rocks that have been "sculptured" with interesting shapes. The fountains
have computer controlled water displays that are on, over and through these rocks and
perforin seven different programs. Several displays feature historical items from the
shipyard and the people who worked there.
FINANCIAL
The following table summarizes the revenue and expenditures for the three projects from
January 1, 2005 through December 31, 2009. Revenue includes all sources for Fund 303
Harborside Park and Fund 304 Harborside Plaza & Common. Some revenue, such as
investment interest, was not specifically allocated to these projects.
Expenditures include all amounts charged to the projects by the project accounting
provision of the city financial accounting system. Expenditures such as some labor, rent
and etc. paid out of these funds, but not charged to the projects, are not included.
The cost of moving Building 50 and soil cleanup is not included because those expenses
were paid by the Navy. The value of the land donated to the city for the Building 50
Museum site and the Fountain Park are also not included.
3
REVENUE
HUD EDI
$103,879
SAVE AMERICAS TREASURES
295,832
INTERAGENCY COMM. FOR OUTDOOR RECREATION
300,000
WA DEPT OF TRANSPORTATION
276,000
WA DEPT OF COMMUNITY DEVELOPMENT
8,173,217
US NAVY
12,500
INVESTMENT INTEREST
20,106
UNREALIZED GAIN/LOSS
(82)
OTHER MISC REVENUE
1,273
NON-TAXABLE SALE OF ASSET
234,000
TRANSFER FROM CDBG FUND
500,000
TRANSFER FROM GENERAL GVT CAP IMP
1,525,000
TRANSFER FROM PARK CONSTRUCTION
188,000
TOTAL REVENUE
$11,629,724
EXPENDITURE
REALLOCATED LABOR COSTS
$37,249
SALARIES & WAGES REGULAR
261,386
PERSONNEL BENEFITS
31,129
TRANSFER TO WORKERS COMP
336
MEDICAL & DENTAL BENEFITS
2,132
OFFICE & OPERATING SUPPLY
3,095
PROFESSIONAL SERVICES EXTERNAL
763,100
POSTAGE
285
TRAVEL
8,175
ADVERTISING
937
LAND AND BUILDINGS
7,000
EQUIPMENT
37,377
ELECTRICITY
7,435
MISCELLANEOUS
43,956
MISCELLANEOUS - INTERFUND
43,858
INTERFUND TAXES & ASSESS
75,664
LAND
31,000
OTHER IMPROVEMENTS
126,210
CONSTRUCTION PROJECTS
9,615,399
CONSTRUCTION PROJ - INTERFUND
326,776
TOTAL EXPENDITURES
$11,422,500
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FINDINGS AND RECOMMENDATIONS
FINDING 1. There was no follow up on construction after the project was
completed. As a result, warranty items have yet to be addressed.
Some construction problems were noted in the Memorial Plaza Park equipment
room (pump room). There are signs of water seeping through the walls in some
locations. In addition, water is accumulating on the floor under the pumps and
filter in one corner of the room. This is due to the lack of a floor drain. Some
water is normally released when a filter in that part of the room is serviced.
However, without a drain there is no place for it to go. This is a safety hazard.
The Parks Department Maintenance Manager reports that in Memorial Plaza,
water is leaking out of the ponds. Wet pavement was noticed during this past
summer. Water forming ice was also noted during the cold spell this fall. This
may be a warranty item and needs to be researched.
RECOMMENDATION
The project manager should be responsible to follow up on construction. This
includes ensuring that any problems which develop during the warranty period are
followed up. In addition, there should be a final review by the project manager
near the end of the warranty period.
The Department of Parks and Recreation was assigned maintenance
responsibilities January 11, 2010. They have been pursuing resolution to these
problems. The city administration should provide support to the Parks staff to get
the problems resolved.
FINDING 2. City policies and procedures for contracts, sole source contracts, and
change orders, were not followed in some instances.
Curved security walls in Memorial Plaza were constructed at a cost of $135,000.
The project manager, in a memorandum noted in the file, stated that this should be
a sole source contract. The Bremerton Municipal Code Section 2.755.090 allows
the requirement for a request for bids to be waived by a written determination by
the Director stating the materials or supplies are clearly and legitimately limited to
a single source of supply. However, this BMC section does not waive the
requirements of Section 2.76. 100 for contracts over $25,000 to be approved by
the City Council to become effective and binding upon the City. There is no
evidence that authorization was obtained from Council for making this purchase
in excess of $25,000.
The Council, on July 20, 2005 at a regular meeting, passed a motion to authorize
the mayor to execute an agreement. The agreement is with a professional firm for
Phase II of completion of construction documents, design for casework, and
exhibit displays for Building 50 Museum and its immediate surroundings and
completion of construction documents for Harborside Memorial Plaza. The
contract for $520,000 was signed by the Redevelopment Projects Administrator.
The contract should have been signed by Mayor Bozeman, as was stated in the
council motion.
A "State Participating Agreement" was entered into on December 18, 2006,
between the Washington State Department of Transportation and the City. The
agreement provided that the State would reimburse the city $150,000 for costs to
construct a stairway from the ferry plaza into the Fountain Park. There is no
evidence the City Council approved this agreement. The Redevelopment Projects
Administrator signed the contract for the city. The BMC does not appear to
address who is authorized to sign contracts obligating the city. However, it is not
consistent with public governance to allow contracts to be signed without
authority from the legislative body.
In October of 2007 the City Council approved a change order of $2,350,000 for
construction of Memorial Plaza. The actual document prepared by the contractor
was for $2,218,144 or $131,856 less. There were 17 subsequent change orders
approved by the Redevelopment Project Administrator which totaled $584,970.
These subsequent change orders were not submitted to City Council for approval.
Section 2.76.110 of the Bremerton Municipal Code allows the mayor to approve
change orders with an aggregated value of up to $200,000. Amounts in excess of
$200,000 must be submitted to City Council. The city rules were not followed for
change orders in the aggregate value of $384,970.
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Established city procedures are in place for procurement of sole source materials
and for approval of change orders. Customary procedures exist for signing of
contracts and agreements. The procedures and practices should be followed.
FINDING 3. Some tasks required to complete these construction projects have yet
to be completed although the projects were substantially completed
many months ago.
The city Facilities Manager reported that the roof drains on the restroom building
go into a pipe in the ground. However, the pipe does not go anywhere. When the
pipe fills with rainwater, it backs up and overflows on the ground. The Facilities
Manager has a plan to correct this but needs direction and funding. This building
was completed in May 2008. The problem has not yet been addressed.
The Fountain Park pump room (equipment room) at February 2010 still has a
"temporary construction wood railing" at the edge of the pit where the pumps,
filters, and etc. are located. This is a safety and building code issue. There is a
ladder that is presently used for access down to the pumps and equipment. There
is also a built in stairway in the opposite corner of the pump pit that is not
accessible. To use the stairway, a metal grating or other material for a floor
would need to be installed over the pump pit. The pump room was completed in
May of 2007. A proper safety railing or grating needs to be installed to correct
this deficiency.
RECOMMENDATION.
These items are well past warranty period if they were even specified. The
Department of Parks and Recreation should be provided adequate funding to
correct the problems.
FINDING 4. The language of the Building SO lease with the Navy could be
unproved.
The city leases Building 50 to the Navy which maintains it as a museum.
According to the lease the city is required to, among other tasks, furnish "building
systems and exterior maintenance." These terms are not clear. For example, does
this mean that the city will maintain the walls and carpet of the interior of the
building that the Museum is using? Are the alarm systems and fire suppression
systems included? Is maintenance of plumbing fixtures included? The intent of
the parties should be clarified when the annual lease is renewed in October.
Language that could be included would state "the city shall repair and maintain
the roof, foundations, fire suppression system, elevators, security system
structural components and all exterior elements of the building. Maintenance of
walls and floors in the museum area is the responsibility of the Navy."
RECOMMENDATION
The mayor should ensure that the department responsible for the lease seeks to
improve the clarity when it is next renewed.
OTHER ITEMS
1. The lease of Memorial Plaza has not been completed.
The land that Memorial Plaza park is located on is owned by the Navy. It is to be
leased to the city. Construction of the park was completed in June 2009. The
lease has not yet been completed.
RECOMMENDATION
The city administration should determine what the delay in obtaining the lease is
and take action to get it finalized.
7
2. The City Council did not require adequate written documentation when approving a
contract change order.
In December 2006 the City Council approved a change order for Fountain Park of
$1,750,000. However no documentation was included with the Agenda Bill to
explain specifically what the change order was for or to outline the dollar amount
and how it was arrived at. This Agenda Bill was approved by: Department
Director, City Attorney, Finance Director, Mayor, Chair of the Council
Fiscal/Budget Committee, Chair of the Council Operations Committee and
Council President. No one apparently objected to the lack of documentation.
RECOMMENDATION
All of the parties providing input to and approval of an agenda bill should ensure
that complete support is included for each contract change requested.