Item - 2011.AU4.3

Tracking Status

  • City Council adopted this item on November 29, 2011 without amendments and without debate.
  • This item was considered by the Audit Committee on October 20, 2011 and adopted without amendment. It will be considered by City Council on November 29, 2011.

AU4.3 - Review of Infrastructure Stimulus Funding - Opportunities Exist to Improve Controls over Construction Projects

Decision Type:
ACTION
Status:
Adopted on Consent

City Council Decision

City Council on November 29, 30 and December 1, 2011, adopted the following:

 

1.         City Council request the City Manager, in consultation with the City Solicitor, to ensure:

 

a.         exceptions, amendments, or interpretations of program guidelines and grant and contribution agreements are clearly documented; and

 

b.         City practices not consistent with agreement terms and conditions are approved by Council as required, and reported to the appropriate federal or provincial Minister in order to ensure transparency.

 

2.                  City Council request the City Manager to report publicly on the stimulus program overall effects on improving City infrastructure assets and overall capital program.

 

3.         City Council request the City Manager to ensure the City-wide prioritization framework for capital projects is complied with as part of the annual and long-term financial planning process.  The project ranking be considered as part of the City’s overall capital program funding allocation.

 

4.         City Council request the Director, Purchasing and Materials Management Division to direct staff to comply with existing policies and procedures requiring periodic audits of the use of rosters.

 

5.         City Council request the Director, Purchasing and Material Management Division to modify existing purchasing procedures to encompass multiple award purchases.  Such procedures to include:

 

a.         The evaluation of cost as an additional criteria for the assignment of all task orders;

 

b.         The requirement for documentation in each task order file in support of vendor choice for order assignment; and

 

c.         Guidelines for task orders, defining limitations on the inclusion of activities and materials not included in the initial competitive call and General Services Contract.

 

6.                  City Council request the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, to review the risks, benefits, and costs of inspection and testing agency hiring practices with a view to establishing criteria for determining when the City, its consultant, or its contractor should hire and pay the agency.

 

7.                  City Council request the General Manager, Transportation Services and the General Manager, Parks Forestry and Recreation to ensure all staff managing construction projects, sufficiently document actions taken to respond to test results failing to meet specifications.

 

8.         City Council request the General Manager, Transportation Services and the General Manager, Parks, Forestry and Recreation to establish and implement procedures to ensure staff adhere to quality assurance procedures including:

 

a.         Materials testing and inspections;

 

b.         Final inspections and deficiency lists; and

 

c.         Weight verification.

 

Additional training be provided regarding the level of documentation retained to demonstrate compliance with policies and procedures.

 

9.                  City Council request the City Manager to direct appropriate divisions to ensure staff managing construction projects adhere to operating procedures requiring payments against contingency be supported by change orders.  Further, that change directives, RFQ issued by divisions, and/or change orders be approved by the appropriate signing authority prior to commencement of extra or additional work.

 

10.              City Council request the General Manager, Transportation Services to provide additional training regarding procedures for managing extra work in accordance with the Road Operations Contract Inspections Manual.

 

11.       City Council request the General Manager, Transportation Services to establish procedures for review of significant variances from estimated quantities and approval in accordance with signing authorities.  Such procedures to include issuance of change directives and change orders be required for variances exceeding acceptable tolerances.

Background Information (Committee)

(October 5, 2011) Staff Report - Review of Infrastructure Stimulus Funding - Opportunities Exist to Improve Controls over Construction Projects
https://www.toronto.ca/legdocs/mmis/2011/au/bgrd/backgroundfile-41422.pdf
(October 5, 2011) Appendix 1 to the Staff Report - Review of Infrastructure Stimulus Funding - Opportunities Exist to Improve Controls over Construction Projects
https://www.toronto.ca/legdocs/mmis/2011/au/bgrd/backgroundfile-41423.pdf
(October 5, 2011) Appendix 2 to the Staff Report - Management's Response to the Auditor General's Review of Infrastructure Stimulus Funding - Opportunities Exist to Improve Controls over Construction Projects
https://www.toronto.ca/legdocs/mmis/2011/au/bgrd/backgroundfile-41424.pdf

AU4.3 - Review of Infrastructure Stimulus Funding - Opportunities Exist to Improve Controls over Construction Projects

Decision Type:
ACTION
Status:
Adopted

Committee Recommendations

The Audit Committee recommends that:

 

1.         City Council request the City Manager, in consultation with the City Solicitor, to ensure:

 

a.         exceptions, amendments, or interpretations of program guidelines and grant and contribution agreements are clearly documented

 

b.         City practices not consistent with agreement terms and conditions are approved by Council as required, and reported to the appropriate federal or provincial Minister in order to ensure transparency.

 

2.                  City Council request the City Manager to report publicly on the stimulus program overall effects on improving City infrastructure assets and overall capital program.

 

3.         City Council request the City Manager to ensure the City-wide prioritization framework for capital projects is complied with as part of the annual and long-term financial planning process.  The project ranking be considered as part of the City’s overall capital program funding allocation.

 

4.         City Council request the Director, Purchasing and Materials Management Division, to direct staff to comply with existing policies and procedures requiring periodic audits of the use of rosters.

 

5.         City Council request the Director, Purchasing and Material Management Division, to modify existing purchasing procedures to encompass multiple award purchases.  Such procedures to include:

 

a.         The evaluation of cost as an additional criteria for the assignment of all task orders

 

b.         The requirement for documentation in each task order file in support of vendor choice for order assignment

 

c.         Guidelines for task orders, defining limitations on the inclusion of activities and materials not included in the initial competitive call and General Services Contract.

 

6.                  City Council request the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor to review the risks, benefits, and costs of inspection and testing agency hiring practices with a view to establishing criteria for determining when the City, its consultant, or its contractor should hire and pay the agency.

 

7.                  City Council request the General Manager, Transportation Services and General Manager, Parks Forestry and Recreation, to ensure all staff managing construction projects, sufficiently document actions taken to respond to test results failing to meet specifications.

 

8.         City Council request the General Manager, Transportation Services and General Manager, Parks, Forestry and Recreation, to establish and implement procedures to ensure staff adhere to quality assurance procedures including:

 

a.         Materials testing and inspections

 

b.         Final inspections and deficiency lists

 

c.         Weight verification.

 

Additional training be provided regarding the level of documentation retained to demonstrate compliance with policies and procedures.

 

9.                  City Council request the City Manager to direct appropriate divisions to ensure staff managing construction projects adhere to operating procedures requiring payments against contingency be supported by change orders.  Further, that change directives, RFQ issued by divisions, and/or change orders be approved by the appropriate signing authority prior to commencement of extra or additional work.

 

10.              City Council request the General Manager, Transportation Services, to provide additional training regarding procedures for managing extra work in accordance with the Road Operations Contract Inspections Manual.

 

11.       City Council request the General Manager, Transportation Services, to establish procedures for review of significant variances from estimated quantities and approval in accordance with signing authorities.  Such procedures to include issuance of change directives and change orders be required for variances exceeding acceptable tolerances.

 

Origin

(October 5, 2011) Report from the Auditor General

Summary

The Auditor General's 2010 Work Plan included a review of controls over the City's economic stimulus program and projects funded through intergovernmental agreements with the federal and provincial governments.

 

The objective of this review was to assess the effectiveness of practices implemented to ensure that adequate oversight, internal control, performance measurement and reporting systems are in place to support the management and administration of the City's stimulus program.

 

The specific objectives of the audit were to determine whether:

 

-           Efficient and effective administrative processes were implemented to ensure stimulus projects were selected in a timely and reasonable manner

 

-           Infrastructure Stimulus Funding (ISF) and Recreational Infrastructure Canada Program (RInC-REC) projects were effectively monitored to avoid unnecessary delays

 

-           Program goals were achieved and the public benefits of the stimulus program were reported in a clear, accurate, transparent and timely manner

 

-           Adequate quality assurance and financial controls were implemented to mitigate risks within accelerated processes and to ensure stimulus funds were used for authorized purposes.

 

This report contains 11 recommendations along with a management response to each of the recommendations.

Background Information

(October 5, 2011) Staff Report - Review of Infrastructure Stimulus Funding - Opportunities Exist to Improve Controls over Construction Projects
https://www.toronto.ca/legdocs/mmis/2011/au/bgrd/backgroundfile-41422.pdf
(October 5, 2011) Appendix 1 to the Staff Report - Review of Infrastructure Stimulus Funding - Opportunities Exist to Improve Controls over Construction Projects
https://www.toronto.ca/legdocs/mmis/2011/au/bgrd/backgroundfile-41423.pdf
(October 5, 2011) Appendix 2 to the Staff Report - Management's Response to the Auditor General's Review of Infrastructure Stimulus Funding - Opportunities Exist to Improve Controls over Construction Projects
https://www.toronto.ca/legdocs/mmis/2011/au/bgrd/backgroundfile-41424.pdf

Motions

Motion to Adopt Item moved by Councillor Shelley Carroll (Carried)
Source: Toronto City Clerk at www.toronto.ca/council