Item - 2010.AU19.8

Tracking Status

  • City Council adopted this item on August 25, 2010 without amendments.
  • This item was considered by Audit Committee on July 5, 2010 and was adopted with amendments. It will be considered by City Council on August 25, 2010.

AU19.8 - Management of Capital Project 129 Peter Street - Shelter, Support and Housing Administration, Facilities Management and Real Estate Divisions

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26 and 27, 2010, adopted the following:

 

1.         City Council request the City Manager to direct all staff to prepare reports which contain accurate and complete financial impact statements.  Such reports to address all financial implications both capital and operating.  Reports relating to capital acquisitions contain information on required future state of good repair budgetary requirements.

 

2.         City Council request the City Manager to direct all staff that under no circumstances should capital lease agreements be negotiated prior to consultation with the Deputy City Manager and Chief Financial Officer.  The City Manager further advise all staff that potential lease agreements only be consummated after compliance with City policy.

 

3.         City Council request the Deputy City Manager and Chief Financial Officer to propose amendments to the Financial Control By-law requiring that final total capital project costs for all major capital projects are reported to the appropriate Standing Committee.  Such reporting include a comparison of costs to budget as well as a comparison of actual completion date to projected completion date.

 

4.         City Council request the City Manager to direct staff, when requesting Council approvals for additional financing, to include complete project costs, including management fees and direct salary costs, and budget information as well as estimated project completion dates in all reports.

 

5.         City Council request the City Manager to direct that the Design, Construction and Asset Preservation section of the Facilities Management Division be designated as the lead project manager for all renovation projects.  The role of client divisions be clearly defined.

 

6.         City Council request the City Manager, in consultation with the Executive Director, Facilities Management, to require that project charters be prepared for all capital projects.  Project charters should define the scope of work, objectives, key deliverables, and project timelines and be approved in writing by both the Design, Construction and Asset Preservation section and the client division.

 

7.         City Council request the City Manager, in consultation with the City Clerk, to give consideration to the development of a process or a protocol which would enable Councillors, when considering Motions, to be advised of the financial implications of such Motions.  If this is not possible prior to decisions being made then consideration be given to providing this information at a subsequent meeting.

 

8.         City Council request the Executive Director, Facilities Management, in consultation with the Director, Purchasing and Materials Management, project managers and external consultants, to ensure that project design documents are complete and as accurate as possible prior to tender issue.

 

9.         City Council request that the Executive Director, Facilities Management, be given sole authority to make decisions on the method by which accessibility requirements be incorporated in all relevant tender documents.  The design of construction and renovation projects be required to comply with the City’s Accessibility Design Guidelines and any new requirements under the Accessibility for Ontarians with Disabilities Act, 2005.

 

10.       City Council request the Director, Design, Construction and Asset Preservation, to comply with the City’s asbestos management policy that requires tender documents include a building asbestos assessment report and building asbestos record.  In addition, if necessary and practical, an intrusive asbestos survey should be completed prior to commencing renovations or construction work to confirm the presence of asbestos in the building.

 

11.       City Council request the City Manager to direct all staff involved in the design of major construction and renovation projects to ensure that all tender and design documents are complete and signed off by the Facilities Management Division and incorporate the scope of work as agreed with the client division.

 

12.       City Council request the Executive Director, Facilities Management, on a case by case basis, to evaluate the need to conduct detailed building condition assessments prior to tendering major construction and renovation projects.  The results of assessments be adequately documented and conveyed to project management staff.

 

13.       City Council request the City Manager to direct that Design, Construction and Asset Preservation staff consult with Divisions at the design stage of all projects.  Appropriate sign off of all drawings be standard practice by Design, Construction and Asset Preservation staff in consultation with Division staff.  Such a process be incorporated into the Project Charter.

 

14.       City Council request the Executive Director, Facilities Management, to ensure that contractor invoices and change orders are calculated in accordance with the terms of the relevant contract.  Further, the Executive Director, Facilities Management, take action as warranted after consultation with the City Solicitor to recover any excess change order amounts paid to the 129 Peter Street contractor.

 

15.       City Council request the City Manager to conduct a personnel review of accountability performance of the staff involved in the capital project at 129 Peter Street, and report to the Employee and Labour Relations Committee.

Background Information (Committee)

Report (May 31, 2010) from the Auditor General - Management of Capital Project 129 Peter Street - Shelter, Support and Housing Administration, Facilities Management and Real Estate Divisions
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31701.pdf
Appendix 1
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31702.pdf
Appendix 2 - Management's Response
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31703.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

AU19.8 - Management of Capital Project 129 Peter Street - Shelter, Support and Housing Administration, Facilities Management and Real Estate Divisions

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Audit Committee recommends that:

 

1.         City Council request the City Manager to direct all staff to prepare reports which contain accurate and complete financial impact statements.  Such reports to address all financial implications both capital and operating.  Reports relating to capital acquisitions contain information on required future state of good repair budgetary requirements.

 

2.         City Council request the City Manager to direct all staff that under no circumstances should capital lease agreements be negotiated prior to consultation with the Deputy City Manager and Chief Financial Officer.  The City Manager further advise all staff that potential lease agreements only be consummated after compliance with City policy.

 

3.         City Council request the Deputy City Manager and Chief Financial Officer to propose amendments to the Financial Control By-law requiring that final total capital project costs for all major capital projects are reported to the appropriate Standing Committee.  Such reporting include a comparison of costs to budget as well as a comparison of actual completion date to projected completion date.

 

4.         City Council request the City Manager to direct staff, when requesting Council approvals for additional financing, to include complete project costs, including management fees and direct salary costs, and budget information as well as estimated project completion dates in all reports.

 

5.         City Council request the City Manager to direct that the Design, Construction and Asset Preservation section of the Facilities Management Division be designated as the lead project manager for all renovation projects.  The role of client divisions be clearly defined.

 

6.         City Council request the City Manager, in consultation with the Executive Director, Facilities Management, to require that project charters be prepared for all capital projects.  Project charters should define the scope of work, objectives, key deliverables, and project timelines and be approved in writing by both the Design, Construction and Asset Preservation section and the client division.

 

7.         City Council request the City Manager, in consultation with the City Clerk, to give consideration to the development of a process or a protocol which would enable Councillors, when considering Motions, to be advised of the financial implications of such Motions.  If this is not possible prior to decisions being made then consideration be given to providing this information at a subsequent meeting.

 

8.         City Council request the Executive Director, Facilities Management, in consultation with the Director, Purchasing and Materials Management, project managers and external consultants, to ensure that project design documents are complete and as accurate as possible prior to tender issue.

 

9.         City Council request that the Executive Director, Facilities Management, be given sole authority to make decisions on the method by which accessibility requirements be incorporated in all relevant tender documents.  The design of construction and renovation projects be required to comply with the City’s Accessibility Design Guidelines and any new requirements under the Accessibility for Ontarians with Disabilities Act, 2005.

 

10.       City Council request the Director, Design, Construction and Asset Preservation, to comply with the City’s asbestos management policy that requires tender documents include a building asbestos assessment report and building asbestos record.  In addition, if necessary and practical, an intrusive asbestos survey should be completed prior to commencing renovations or construction work to confirm the presence of asbestos in the building.

 

11.       City Council request the City Manager to direct all staff involved in the design of major construction and renovation projects to ensure that all tender and design documents are complete and signed off by the Facilities Management Division and incorporate the scope of work as agreed with the client division.

 

12.       City Council request the Executive Director, Facilities Management, on a case by case basis, to evaluate the need to conduct detailed building condition assessments prior to tendering major construction and renovation projects.  The results of assessments be adequately documented and conveyed to project management staff.

 

13.       City Council request the City Manager to direct that Design, Construction and Asset Preservation staff consult with Divisions at the design stage of all projects.  Appropriate sign off of all drawings be standard practice by Design, Construction and Asset Preservation staff in consultation with Division staff.  Such a process be incorporated into the Project Charter.

 

14.       City Council request the Executive Director, Facilities Management, to ensure that contractor invoices and change orders are calculated in accordance with the terms of the relevant contract.  Further, the Executive Director, Facilities Management, take action as warranted after consultation with the City Solicitor to recover any excess change order amounts paid to the 129 Peter Street contractor.

 

15.       City Council request the City Manager to conduct a personnel review of accountability performance of the staff involved in the capital project at 129 Peter Street, and report to the Employee and Labour Relations Committee.

Origin

(May 31, 2010) Report from the Auditor General

Summary

The Auditor General’s 2009 Audit Work Plan included a review of construction contracts.  This particular review relates to the renovation of 129 Peter Street Assessment and Referral Centre and Homeless Shelter.

 

The objective of this review was to assess the adequacy of controls in the management of the contract.

 

This report contains 14 recommendations.  The implementation of these recommendations will improve the way the City manages its contracts and ensure that significant capital projects and requests for capital funding are accurately reported to Council. 

Background Information

Report (May 31, 2010) from the Auditor General - Management of Capital Project 129 Peter Street - Shelter, Support and Housing Administration, Facilities Management and Real Estate Divisions
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31701.pdf
Appendix 1
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31702.pdf
Appendix 2 - Management's Response
https://www.toronto.ca/legdocs/mmis/2010/au/bgrd/backgroundfile-31703.pdf

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Mike Del Grande (Carried)

That the Audit Committee recommend that:

 

1.         City Council request the City Manager to conduct a personnel review of accountability performance of the staff involved in the capital project at 129 Peter Street, and report to the Employee and Labour Relations Committee.


2 - Motion to Adopt Item moved by Councillor Chin Lee (Carried)

That the Audit Committee recommend to City Council adoption of the recommendations contained in the report (May 31, 2010) from the Auditor General.

Source: Toronto City Clerk at www.toronto.ca/council