Item - 2018.AU13.12

Tracking Status

  • City Council adopted this item on July 23, 2018 without amendments and without debate.
  • This item was considered by the Audit Committee on July 13, 2018 and adopted without amendment. It will be considered by City Council on July 23, 2018.

AU13.12 - Engineering and Construction Services, Phase One: Controls over Substantial Performance and Warranty Inspection Processes Should be Strengthened

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:  

 

1. City Council request the Chief Engineer and Executive Director, Engineering and Construction Services, to strengthen processes and monitoring measures to ensure that:

 

a. inspections for verifying substantial performance and for identifying deficiencies during the warranty period are conducted in a timely manner;

 

b. appropriate deficiency lists are prepared and forwarded to the contractor in a timely manner;

 

c. estimated value of all defective and remaining work is documented;

 

d. rectification of deficiencies is followed up in a timely manner;

 

e. documentation of all follow-up work is retained in the contract files; and

 

f. rectification work is inspected, and signed-off as completed by the project leader.

 

2. City Council request the Chief Engineer and Executive Director, Engineering and Construction Services, to update existing procedures within the Engineering and Construction Services Capital Works Procedures Manual to ensure that project staff conduct a formal comprehensive assessment of estimated value of defective and remaining work to determine if the criteria for substantial performance prescribed in the Construction Act are met.

 

3. City Council request the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with Insurance and Risk Management, to ensure existing procedures for obtaining appropriate insurance and bonding extensions where required, are correct and are being correctly implemented.

Background Information (Committee)

(June 28, 2018) Report from the Auditor General - Engineering and Construction Services, Phase One: Controls over Substantial Performance and Warranty Inspection Processes Should be Strengthened
https://www.toronto.ca/legdocs/mmis/2018/au/bgrd/backgroundfile-117957.pdf
Audit at a Glance - Engineering and Construction Services, Phase One: Controls over Substantial Performance and Warranty Inspection Processes Should be Strengthened
https://www.toronto.ca/legdocs/mmis/2018/au/bgrd/backgroundfile-117958.pdf
Attachment 1: Auditor General's Report - Engineering and Construction Services, Phase One: Controls over Substantial Performance and Warranty Inspection Processes Should be Strengthened
https://www.toronto.ca/legdocs/mmis/2018/au/bgrd/backgroundfile-117959.pdf

AU13.12 - Engineering and Construction Services, Phase One: Controls over Substantial Performance and Warranty Inspection Processes Should be Strengthened

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Audit Committee recommends that:  

 

1. City Council request the Chief Engineer and Executive Director, Engineering and Construction Services, to strengthen processes and monitoring measures to ensure that:

 

a. Inspections for verifying substantial performance and for identifying deficiencies during the warranty period are conducted in a timely manner.

 

b. Appropriate deficiency lists are prepared and forwarded to the contractor in a timely manner.

 

c. Estimated value of all defective and remaining work is documented.

 

d. Rectification of deficiencies is followed up in a timely manner.

 

e. Documentation of all follow-up work is retained in the contract files.

 

f. Rectification work is inspected, and signed-off as completed by the project leader.

 

2. City Council request the Chief Engineer and Executive Director, Engineering and Construction Services, to update existing procedures within the ECS Capital Works Procedures Manual to ensure that project staff conduct a formal comprehensive assessment of estimated value of defective and remaining work to determine if the criteria for substantial performance prescribed in the Construction Act are met.

 

3. City Council request the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with Insurance and Risk Management, to ensure existing procedures for obtaining appropriate insurance and bonding extensions where required, are correct and are being correctly implemented.

Origin

(June 28, 2018) Report from the Auditor General

Summary

This report contains the results of the Auditor General's Phase One audit of construction contracts issued by the Engineering and Construction Services (ECS) Division. 

 

The first phase of the audit focused on substantial performance and warranty inspection processes under the Division's Municipal Infrastructure Construction Service. Subsequent phases will address other areas of capital project management, and is scheduled for completion in 2019.

 

Overall, we found that the Division has established good guidelines for substantial performance and warranty inspections. However, it needs to ensure its prescribed procedures, including timely inspections and follow-up, are consistently implemented by project staff to minimize the risk of incurring unnecessary costs for defects and damages.

Background Information

(June 28, 2018) Report from the Auditor General - Engineering and Construction Services, Phase One: Controls over Substantial Performance and Warranty Inspection Processes Should be Strengthened
https://www.toronto.ca/legdocs/mmis/2018/au/bgrd/backgroundfile-117957.pdf
Audit at a Glance - Engineering and Construction Services, Phase One: Controls over Substantial Performance and Warranty Inspection Processes Should be Strengthened
https://www.toronto.ca/legdocs/mmis/2018/au/bgrd/backgroundfile-117958.pdf
Attachment 1: Auditor General's Report - Engineering and Construction Services, Phase One: Controls over Substantial Performance and Warranty Inspection Processes Should be Strengthened
https://www.toronto.ca/legdocs/mmis/2018/au/bgrd/backgroundfile-117959.pdf

Motions

1 - Motion to Adopt Item (Carried)
Source: Toronto City Clerk at www.toronto.ca/council