HomeMy WebLinkAbout12/01/2012 - Report: Contract Admin Audit - City Council - Audit Committee
Performance Audit:
Contract Administration
December 2012
City Internal Auditor’s Office
City of College Station
File#: 12.02
Contract Administration Audit
Table of Contents
Introduction ................................................................................................................. 1
Audit Objectives .................................................................................................... 2
Scope and Methodology ........................................................................................ 3
Findings and Analysis .................................................................................................... 4
The City Lacks Sufficient Contract Administration Policies ................................. 4
Policies Specific to Administering Contracts Are Lacking ................................. 4
Contract Administration Policies Should Follow Best Practices ....................... 4
Training Sessions for Contract Administrators Should be Held........................ 8
The South Knoll Construction Contract is Well Administered .............................. 9
Public Works is in the Process of Improving its Policies .................................. 9
Responsibility and Authority Is Clearly Assigned and Defined .......................10
Contract Monitoring Activities Mostly Focus on Outcomes .............................11
Performance Reporting and Filing Systems are Adequate ..............................11
The South Knoll Contract Has Adequate Follow-up Reviews ..........................12
The Contract Has a Sufficient Contingency In Case of Default .......................12
Payment Process on the South Knoll Contract is Adequate ............................13
Elliott Is Adequately Fulfilling Major Contract Requirements .........................13
Employment Relationship with the Contractor is Appropriate ........................15
The Rios Tree Trimming Contract is Well Administered by CSU .........................16
Contract Administrators in CSU Lack Written Policies ....................................17
Responsibility and Authority is Clearly Assigned and Defined ........................18
Monitoring Activities Focus Properly on Outcomes .........................................18
Contract Documentation Could Use Improvement ..........................................18
The Rios Tree Contract Needs Stronger Filing Practices .................................19
Follow-up Activities are Occurring, But May Be Improved ..............................19
The Rios Tree Contract Has a Sufficient Contingency Plan .............................20
CSU Contract Payments Procedures Align with Best Practices .......................20
Generally, Rios Tree has Fulfilled its Contract Requirements .........................21
Employment Relationship with the Contractor is Appropriate ........................23
Little League Contract Administration Needs Improvement ..............................24
Contract Administrators Lack Written Policies ................................................24
The Little League Contract was Not Reassigned..............................................25
The Little League Contract Lacks Sufficient Monitoring ..................................26
Contract Documentation Needs Improvement ................................................28
The Contingency in Case of Default is Insufficient ..........................................29
Proper Controls Exist for Receiving Payments .................................................29
CSLL Has Met the Contract’s Major Requirements ..........................................29
The City Has Met All Major Contract Requirements .........................................29
Recommendations ....................................................................................................... 31
Management Responses ............................................................................................... 33
Contract Administration Audit 1
Introduction
The City Internal Auditor’s Office conducted this performance audit of
contract administration pursuant to Article III Section 30 of the
College Station City Charter, which outlines the City Internal Auditor’s
primary duties.
A performance audit is an objective, systematic examination of
evidence to assess independently the performance of an organization,
program, activity, or function. The purpose of a performance audit is
to provide information to improve public accountability and facilitate
decision-making. Performance audits encompass a wide variety of
objectives, including those related to assessing program effectiveness
and results; economy and efficiency; internal control; compliance with
legal or other requirements; and objectives related to providing
prospective analyses, guidance, or summary information.
A performance audit of city contract administration was included in
the fiscal year 2013 audit plan based on direction given by the Audit
Committee.
Contract administration is one of the four major aspects of contract
management. The other three aspects are planning, formation, and
close-out. This audit has two primary portions. The first is an audit of
city-wide contract administration policies, and the second is a detailed
audit of the administration of three specific contracts in the City.
Contracting is a major function for the City of College Station. In fiscal
year 2012, the City signed over 300 contracts with a combined value
of more than $33 million. In approaching the administration of these
contracts, the City uses a decentralized system wherein the
administrative responsibilities are assigned at the departmental level,
rather than having a single department or division dedicated solely to
contract administration. City-wide policies for contract administration
can be found in several locations, specifically, the purchasing manual
and the project management handbook; but these policies are not
meant to be comprehensive, and for the most part, departments set
their own policies and procedures for contract administration.
In selecting the three contracts in this audit report that would receive
a detailed investigation, we tried to select the contracts which carry
Contract Administration Audit 2
the greatest amount of risk for the city; but also represented a variety
of contract types and a variety of city departments. The three
contracts ultimately selected were: (1) a sewer pipe construction
contract managed by Public Works, (2) a tree trimming service
contract managed by College Station Utilities, and (3) a little league
facility user agreement managed by Parks and Recreation. Table 1
below provides a summary some of the risks we analyzed for the
contracts we selected in this audit.
Table 1: Contract Risk Summary
Risk Category South Knoll Rios Trees CSLL
Contract Type Construction Service Facility Use
Monetary Amount $3,700,000 $1,200,000 $11,000
Insurance Amount $2,000,000 $5,000,000 $2,000,000
Public Perception Risk Low/Med Low/Med Med/High
Safety & Liability Risk Medium Med/High High
Audit Objectives
This audit evaluated College Station contract administration policies
and practices, and answers the following questions:
Are City of College Station contract administration policies in line
with established best practices?
What level of contract administration is occurring in the City?
Are the service providers the City has contracts with meeting the
requirements of their contracts?
Is the City fulfilling their end of the terms and conditions of the
contracts?
Contract Administration Audit 3
Scope and Methodology
This audit was conducted in accordance with government auditing
standards (except for the completion of an external peer review),1
which are promulgated by the Comptroller General of the United
States. Audit fieldwork was conducted from October 2012 through
December 2012.
The audit methods included:
Reviewing the work of auditors in other jurisdictions and
researching professional literature to identify best practices
regarding contract administration.
Interviewing city staff responsible for performing various related
duties and/or oversight functions.
Reviewing applicable city policies and procedures and relevant
state and federal laws and regulations.
Performing a risk analysis on the fiscal year 2012 contracts.
Detailed review of the terms and conditions of three of the City’s
contracts.
On-site inspections to verify contract requirements have been
met.
Analysis of financial documents to verify accurate, timely, and
proper payments.
1 Government auditing standards require audit organizations to undergo an external peer review every three
years. A peer review is planned for 2013.
Contract Administration Audit 4
Findings and Analysis
The City Lacks Sufficient Contract Administration Policies
The City of College Station could better align itself with best practices
in contract administration by developing policies specifically aimed at
contract administration, and conducting regular contract
administration training.
Policies Specific to Administering Contracts Are Lacking
Policies and procedures for administering contracts should be clear
and easily accessible to staff. The written policies may be at an
organizational or departmental level, but should be organized in such
a way that all contracts within the organization fall under a written
contract administration policy. If the City chooses to have the majority
of its contract administration policies written at a departmental level,
the organization-wide policy should at the minimum require that each
department have a written contract administration policy.
Currently in the City of College Station, there is not a comprehensive
set of policies and procedures that are specifically aimed at contract
administration. The City has several different policies that affect
contract administration. These policies can be found in the City’s
Purchasing Manual, Project Management Handbook, and soon to be
released Project Delivery Manual. However, because these manuals
are not specifically aimed at contract administration (the Purchasing
Manual is aimed at purchasing, the Project handbooks are aimed at
capital projects) contract administration policies are not always clear
or easily accessible to all contract administrators, especially non-
capital project contract administrators.
Contract Administration Policies Should Follow Best Practices
The City’s policies and procedures do not fully address all of the topics
that should be a part of an organization’s contract administration
policies and procedures. At a minimum, an organization’s policies and
procedures regarding contract administration should state that (1)
responsibility and authority should be clearly assigned and well
defined, (2) monitoring functions should focus on the outcomes of
services provided, (3) contract administrators should create and keep
Contract Administration Audit 5
documentation on the contractor’s performance, (4) contract
documentation should be well organized, (5) contractor performance
reviews should be followed-up on, (6) contingency for contractor’s
failure should be addressed, and (7) payments should be linked to
satisfactory performance.
Generally, contract administration responsibility and
authority is clearly assigned, and well defined. Administration
and monitoring of a contract is more likely to occur when
responsibility and authority is clearly assigned and well defined.
In College Station, responsibility is clearly assigned. The Project
Management Handbook specifies that once a project is approved, the
department in charge is to assign the project to a project manager.
Authority is for the most part clearly assigned and defined. This is
because the question of authority in contract administration generally
only comes up when the terms of a contract need to be changed
(called change orders), and in College Station the authorities for
change orders have been clearly assigned and well defined.
According to the City’s purchasing manual, there are three levels of
authority for change orders, based on the monetary value of the
change:
A change order less than $3,000 requires the approval of the
Contract Manager and the Department Director.
A change order between $3,000 and $50,000 requires the
approval of the Contract Manager, Department Director, Chief
Financial Officer, and City Manager.
A change order greater than $50,000 requires the approval of
Legal, the City Council, the Contract Manager, the Public Works
Director, the Department Director, the Chief Financial Officer, and
the City Manager.
In the few occurrences where authority is needed in non-change
order situations, authorities are less clearly defined. In practice, these
authorities seem to lie with the Contract Manager—and this can
perhaps be inferred from the Project Management Handbook since
there the Project Manager is given the responsibility for the entire
contract (and responsibility and authority tend to go hand-in-hand).
City-wide policies do not direct the focus of contract
monitoring on outcomes. All city contracts should be monitored to
Contract Administration Audit 6
ensure that both the contractor and the City are performing the
contract. Furthermore, when this monitoring occurs, the focus should
be on the outcomes (rather than inputs or other factors).
Because there are many different types of contracts, it may prove
difficult to create a city-wide, or even a department-wide, policy that
focuses on outcomes that will be applicable to all contracts.
Nevertheless, while the written policy may not be able to state
precisely what outcomes should be measured, there should be a
policy in place reiterating the principle that monitoring should focus
on outcomes.
Documentation regarding contractor performance could be
improved. Contract administrators should create and keep
documentation on the contractor’s performance. Performance
reporting generally involves collecting and disseminating performance
information on scope, schedule, cost and quality and can be
categorized as follows:
Status reporting – describing where a contract currently stands
Progress reporting – describing what has been accomplished
Forecasting – predicting future status and progress
Risk reporting – describing areas of uncertainty and
vulnerability
Documenting contractor performance is important for a number of
reasons including providing (1) updates to management, (2)
background information in case the current administrator must be
replaced, and (3) evidence in case of disputes with the contractor.
There does not seem to be a city-wide policy requiring performance
documentation of contractors. Because of this some departments may
not be keeping adequate performance documentation for their
contractors. This lack of documentation creates the risk that (1)
management will not be well informed of the contractor’s
performance; (2) time, energy, and information could be lost if the
contract administrator must be replaced; and (3) useful evidence will
not be present in the case of a dispute with the contractor.
Policies and procedures regarding contract document
organization and retention could be better communicated.
Contract files should hold all the information necessary to know what
was expected and received under the contract. Contract files should
be organized so that someone could reconstruct and understand the
Contract Administration Audit 7
history of the contract in the absence of the contract administrator.
By keeping contract documentation well organized, there will be less
time and information lost if a contract administrator must be replaced.
Additionally, greater organization can help the contract administrator
perform more effectively.
The City’s policies carry little direction for contract administrators
beyond the fact that some types of records must be retained due to
statutory requirements. Because of this, many of the City’s contract
documents may not be organized in line with best practices, and
additionally, there may be some confusion among contract
administrators about which documents should be retained, and for
how long. These employees may benefit from guidance in the City’s
policies on how documents should be filed, which documents should
be retained, and for how long.
City policy does not require contractor performance reviews
or followed-up actions. Results of monitoring reviews, audits and
investigations should be routinely followed-up on to ensure corrective
actions have been taken and to identify common problem areas.
The requirement of routine follow-ups is an important policy because
many of the other policies will only be valuable when follow-up
occurs. For example, there is less reason to document a contractor’s
performance if the administrator does not subsequently follows-up to
make sure performance has improved.
College Station currently has no city-wide policy requiring routine
follow-ups. However, the City does have some policies regarding how
to address some specific problems. The Project Management
Handbook contains guidelines for how to shut down a project in the
case of safety issues, non-conformance to plans and specifications by
the contractor, or damage to adjoining property. The Purchasing
Manual contains some guidelines on actions to be taken when a
contractor does not perform on time.
The City lacks an adequate policy requiring a contingency
plan in case of the contractor’s failure. The contract
administration policies should address the need for a contingency plan
in the case the contractor does not meet the contract’s requirements.
By having a contingency plan the contract administrator will be better
able to assess risk, and will be prepared in case the contract fails.
Contract Administration Audit 8
College Station currently has no policy calling for all contracts to have
a contingency plan in case of that contractor’s failure. Capital projects
generally have a contingency plan because the Project Management
Handbook explains the need for retainage and bonds—which are a
way to insure against a contractor’s failure. However, for the
contracts where retainage or bonds are not feasible the City lacks an
adequate policy for contingency plans.
Payments should be linked to satisfactory performance. For
contracts that involve monthly or quarterly payments, agencies should
require a vendor to submit programmatic reports in advance of or
concurrent with its invoices. The programmatic reports should be
directly related to the terms of the contract. Furthermore, a
prescribed billing format for all contracts can increase efficiency and
effectiveness of monitoring.
According to the project management handbook, the project manager
approves invoices before payments are made; however, it does not
specify the criteria for approval. According to the purchasing manual,
the Accounting Office processes all invoices and payments.
The City’s policies could be improved by including guidelines for the
project manager to use during the approval process. Because projects
can vary greatly, it may be unreasonable for the city-wide policies to
contain very detailed guidelines; however even basic guidelines, such
as a reminder to focus on outcomes, could be beneficial.
Training Sessions for Contract Administrators Should be Held
Organizations, or their departments, should hold regularly scheduled
contract management training. Training sessions should be
mandatory, and should include training on risk assessment and
performance measures. This will ensure that contract administrators
are aware of their responsibilities, and have the knowledge and skills
necessary to perform their duties.
The City of College Station has performed project management
training in the past, which has touched on contract management
issues. However, these trainings do not appear to be regularly
scheduled, and, in terms of contract management, the training seems
to have been focused on contract formation with only marginal
attention given to contract administration.
Contract Administration Audit 9
The South Knoll Construction Contract is Well Administered
The City of College Station contracted with Elliott Construction for
$3.7 million for the installation of a new sewer pipe in the South Knoll
area. Construction began on October 15, 2012.
Public Works is in the Process of Improving its Policies
Organizations involved in contract administration should have policies
and procedures for administering contracts that are clear and easily
accessible to staff. (For a detailed description of best practices for
contract administration policies, refer to the first section of this report
beginning on page 4.)
The South Knoll construction project is a capital project—i.e., a
project that helps maintain or improve a City asset, which is often
called infrastructure. Managers of capital projects make heavy use of
the City’s Project Management Handbook. This handbook addresses
many of the previously stated best practices but does not always do
so directly or fully. However, it should be noted that when this audit
was initiated, Public Works had already begun a new project
management handbook, titled Project Delivery Manual.
The Project Delivery Manual—while still in draft form during the
course of this audit—does a better job of including these best
practices within its policies. As the Project Delivery Manual continues
to be refined, we encourage the developers of the manual to make
sure all seven of the stated policies—documented on page 4 and 5 of
this report— are included in its content.
The following table summarizes how well the contract’s administration
practices align with best practices.
Table 2: Best Practices for Contract Administration
7 Best Practices for Contract Administration South
Knoll
Rios
Trees CSLL
1. Assigned & Defined Responsibility & Authority: Yes Yes Mostly
2. Focused Monitoring Functions on Outcomes: Yes Yes No
3. Kept Contractor Performance Documentation: Mostly Mostly No
4. Organized Files and Documentation: Yes No No
5. Followed-up on Contractor Performance: Yes Mostly No
6. Developed Contingencies for Contract Failure: Yes Yes No
7. Linked Payments to Satisfactory Performance: Yes Yes N/A
Contract Administration Audit 10
Responsibility and Authority Is Clearly Assigned and Defined
The responsibilities and authorities of contract administrators should
be clearly assigned and defined. This will increase the likelihood that
monitoring of a contract will actually occur.
On the South Knoll contract, the responsibilities and authority are
clearly assigned and defined. The majority of the contract
administration responsibilities fall on two city employees, a graduate
engineer, and a construction inspector.
The engineer is the individual who is primarily responsible for the
contract. Specifically, he is responsible for the project’s scope,
schedule, and budget. He has authority to make decisions on the
project, so long as the cost is less than $3,000. Decisions costing
more than $3,000, but less than $50,000 need the City Manager’s
approval; and decisions costing more than $50,000 require the City
Council’s approval.
The inspector is responsible for checking the contractor’s work (on
site) to make sure it is being done correctly, for checking that safety
standards are being met, and for approving materials being used by
the contractor in the construction project. Like the engineer, he has
the authority on decisions that cost less than $3,000.
When it comes to authorities and approvals for construction
projects, city practices are not always in line with policies. As
was previously stated, according to the purchasing manual, contract
administrators have the authority to make change orders up to
$3,000, but for change orders beyond that, they need the additional
approval (at the very least) of the Chief Financial Officer and the City
Manager.
However, in practice, following this policy is not always feasible on
construction contracts. Construction contracts sometimes run into
unforeseeable obstacles that require a change order to the contract
before work on the project can continue. Getting all of the approvals
necessary for a change order can sometimes take a week or two; and
sometimes the project cannot afford to wait that long. (The reasons
the project cannot afford to wait include the fact that some projects
are on strict deadlines, and the fact that sometimes a delay on a
construction project would require the City to pay the contractor
despite not performing any work during the delay).
Contract Administration Audit 11
Because the contract administrator feels he cannot afford to delay the
project, he often authorizes the change order before all of the other
approvals have been executed. Often the change order is well under
way—if not already completed—by the time it reaches the City
Manager for signing off.
It is almost always best for an organization’s policies and practices to
be in line with each other. Therefore, the City should alter its policies,
practices, or both, so that they are in line with each other.
Contract Monitoring Activities Mostly Focus on Outcomes
While there is value in monitoring all requirements of a contract, the
most effective contract monitoring activities focus on outcomes. (For
a more detailed description of this topic, see pages 5 and 6).
Monitoring on the South Knoll project seems to focus mostly on
outcomes. This is evidenced by the fact that charges on invoices are
linked to specific outcomes. By linking payments to specific outcomes
the contract administrators focus on outcomes when approving
invoices, and contractors focus on outcomes in order to get paid.
Another major monitoring activity is the Construction Inspector’s daily
status and progress reports. These reports seem to primarily focus on
what is currently being worked on with a secondary focus on what
has been accomplished (i.e. outcomes). These daily inspection reports
might be slightly improved by reversing the focus so that the primary
focus is on what has been accomplished, and the secondary focus is
on what is in process.
Performance Reporting and Filing Systems are Adequate
Documentation for contract administration has two primary aspects:
(1) performance reporting, and (2) filing of reports and other
documents.
The South Knoll contract performance reporting may be
slightly improved. Performance reporting generally involves four
kinds of reports: status reports, progress reports, forecasting reports,
and risk reports. (For a more detailed description of performance
reporting, see page 6).
Contract Administration Audit 12
The South Knoll contract has adequate reporting for status reports,
progress reports, and forecasting. However, these reports could
perhaps be improved by including additional commentary from the
report writers regarding qualitative aspects of the contractor’s
performance.
The South Knoll project does not appear to have sufficient risk
reporting. For the most part, the graduate engineer and construction
inspector are aware of the upcoming uncertainties and vulnerabilities,
but have not formalized them into reports. Creating risk reports can
benefit the project because it keeps other members of city
management aware of the current risks, provides beneficial
background in case a new administrator is assigned to the project,
and can act as evidence in case of a dispute with the contractor.
The South Knoll project has an adequate filing system.
Contract files should be organized so that someone could reconstruct
and understand the history of the contract in the absence of the
contract administrator. (For a more detailed description of contract
document organization, see pages 6 and 7).
The South Knoll project is well organized, with all files available
together and organized in an understandable way. Furthermore, all
construction contracts in the Department of Public Works follow a
similar document filing system which would allow any of the other
engineers in Public Works to pick up the project with a minimal loss of
time.
The South Knoll Contract Has Adequate Follow-up Reviews
Results of monitoring reviews, audits and investigations should be
routinely followed up on to ensure corrective actions have been taken
and to identify common problem areas.
The construction inspector monitors and reports on the South Knoll
construction project every day. Because of this, he is able to follow-up
on the previous day’s findings each day.
The Contract Has a Sufficient Contingency In Case of Default
A contingency in case of default is valuable to contract administrators
because it helps them to better assess risk, and be prepared in case
the contract does in fact fail.
Contract Administration Audit 13
The South Knoll project’s contingency plan is written into the contract.
Under the contract’s ―Bond Provisions,‖ and ―Surety‖ sections, the
contractor is required to obtain a surety bond, and should the
Contractor fail to perform on the contract, the City may hire other
contractors to finish the job and then require the original contractor
and the contractor’s surety to pay the expenses.
Payment Process on the South Knoll Contract is Adequate
Best practices state that payment for contract related services should
be linked to satisfactory performance, and not just paid on a regular
schedule without regard for whether contractors are actually meeting
contract requirements.
The South Knoll contract follows this best practice. When the City
receives an invoice from Elliott construction, that invoice contains
individual line items for each charge. These charges can be linked to a
specific activity or material cost.
When the project manager receives this invoice, he and the
construction inspector travel to the work site and check to make sure
the charges are legitimate. If everything is satisfactory he approves
the invoice which is then forwarded to Accounting for payment.
This current system is adequate because it reasonably ensures the
City is receiving the services it has paid for, and it also separates the
authorization of invoices from the payment of invoices, which helps
prevent fraud within the City.
Elliott Is Adequately Fulfilling Major Contract Requirements
The South Knoll contract has hundreds of different contract
requirements. In fact, submittals alone make up nearly a hundred
contract requirements. Additionally, many of the contract’s
requirements would require experience in engineering that is beyond
the level of expertise in the Auditor’s Office. Therefore, rather than
attempting to personally verify that Elliott Construction is adequately
fulfilling contract requirements, we verified whether the contract
administrators’ monitoring activities were adequate.
In a construction project the important requirements to watch for are:
whether the contractor is following the engineer’s design, whether the
Contract Administration Audit 14
contractor is on schedule, whether the project is within budget, and
whether the contractor is following safety standards.
Monitoring of the engineering design is sufficient. The city
hired the company Western Solutions to create the engineering
designs for the South Knoll construction project. Elliott Construction
has been hired to follow Western Solutions’ design.
The contract administrators perform several activities to ensure that
Elliott Construction is adequately performing on this requirement.
First, the construction inspector and the graduate engineer visit the
construction site regularly to make sure design specifications have
been met. For example, on visits they make sure the contractor is
burying the pipe at the correct depth and in the correct location, and
that they are using the correct type of pipe. Furthermore, the City
uses Western Solutions for material testing to make sure materials
used in the construction project meet the projects design
specifications.
Monitoring of the schedule is sufficient. For large construction
projects, such as the South Knoll project, it is important that the
project stay on schedule since numerous small delays can quickly
compound into major delays.
The contract administrators closely follow how well the contractor is
sticking to the construction schedule. They track the projects progress
using the construction project’s full schedule, as well as a two-week
look-ahead report that they receive every two weeks.
Monitoring of the budget is sufficient. Due to the bidding
process, a construction contract’s budget is set before the
construction even begins. Therefore, monitoring the project’s budget
primarily entails ensuring that the City only pays the amount that was
previously agreed to, and that any necessary change orders are
properly managed. As has previously been addressed in this audit
report, the South Knoll construction project has an adequate payment
process and change order process (although, as was noted, the
change order policies and practices need to be better aligned).
Monitoring of safety standards is sufficient. The Public Works
department has made safety a top priority on all of their construction
projects. Because they have labeled it a priority, it is important that
they safety standards be monitored.
Contract Administration Audit 15
During the construction inspector’s daily inspections he makes note of
any safety issues he discovers. If it is an immediate safety concern,
he will correct the problem on site. He also records the issues in his
daily log to record the progress and history of safety concerns.
Employment Relationship with the Contractor is Appropriate
The City has hired Elliott Construction as an independent contractor,
and not as an employee. The difference between these two types of
employment statuses can have important consequences regarding the
applicability of employment laws, taxation, rights upon termination,
and legal liability.
However, employment status is an area where substance is regarded
higher than form, and so it is less important whether the City is
calling Elliott an independent contractor, and more important that the
City is treating Elliott like an independent contractor. There are three
separate criteria which should be examined when deciding whether a
contractor is being treated as an independent contractor or an
employee: (1) the amount of behavioral control, (2) the amount of
financial control, and (3) the type of relationship between the parties.
The City’s level of behavioral control indicates an
independent contractor relationship. When employers hire an
independent contractor, they are primarily concerned with the results
achieved and exercise very little control over how the contractor
achieves the results.
With Elliott Construction, the City, for the most part, tries to avoid
exerting behavioral control. Specifically, they avoid controlling the
―means and methods‖ Elliott uses to complete the project.
Nevertheless, the City does exert some behavioral control—especially
when regulatory or safety issues are involved. However, they do not
appear to exert behavioral control to the point of creating an
employee relationship.
The City’s level of financial control indicates an independent
contractor relationship. When employers hire an independent
contractor, the contractor bears the risk of loss or profits; whereas
with an employee the employer bears the risk of loss or profits.
Contract Administration Audit 16
Elliott Construction is supplying its own equipment and is being paid a
flat fee by the City, and therefore is bearing the risk of loss. The City
does reimburse Elliott Construction for the cost of materials, but this
price is based on an agreed-upon value made at the bidding, and
Elliott cannot charge higher than this agreed upon level, even if they
must in reality pay a higher price. Therefore, Elliott Construction is
still bearing the risk.
The relationship between the City and Elliott Construction
indicates an independent contractor relationship. The
relationship between an employer and independent contractor is
generally for a specified term, either for a specific time period or for
the duration of a specific project; whereas the relationship between
an employer and employee is generally on-going, or ―at will.‖
The Elliott Construction contract is for a specific project, thus
indicating an independent contractor relationship.
The Rios Tree Trimming Contract is Well Administered by CSU
College Station Utilities (CSU) contracted with Rios Tree in a service
contract. This $1.2 million, three year contract is for right-of-way tree
trimming on existing power line sections or future line additions of the
electric distribution or transmission system of the City.
Rios Tree is a San Antonio based company. This is the second time in
a row that Rios Tree won the tree trimming bid. They won this most
recent bid primarily because they were the lowest bidders, but also
because they had previously provided satisfactory service.
Rios Tree’s services for the City can be summarized into three
categories: (1) complete annual clearing and trimming maintenance
of circuit line sections of the electric system distribution feeder
circuits, (2) clearing of new line right-of-ways and spot clearing or
trimming of existing electric system line sections not included on the
above referenced distribution feeder circuits, and (3) transmission
right-of-way clearing. In doing this, Rios Tree must remove all
overhang over the lines, clear 6 feet minimum around the conductor,
clear 10 feet below the conductor, clear 2 to 3 feet around the service
lines, and clear enough for climbers and equipment changes. The
work is intended to reduce customer outages and damages to system
infrastructure, as well as homeowner’s electrical service.
Contract Administration Audit 17
Contract Administrators in CSU Lack Written Policies
Organizations involved in contract administration should have policies
and procedures for administering contracts that are clear and easily
accessible to staff. (For a detailed description of best practices for
contract administration policies, refer to the first section of this report
beginning on page 4.)
Neither College Station Utilities nor the City as a whole has a policy
addressing all seven stated best practices—documented on page 4
and 5 of this report. Unless the City decides to adopt a city-wide
policy that addresses all of these issues, CSU should develop a set of
policies for contract administration that is tailored to the department,
and that addresses the seven best practices stated previously.
As is described below, CSU contract administrators are already
following many of the best practices despite not having them officially
written. Nevertheless, the department should develop written policies
for all of these areas, even if the department’s contract administrators
are already following the best practice. By creating an official, written
policy, the department can better ensure all employees are on the
same page, that all administrators have the same expectations, and
that less institutional knowledge will be lost if employment positions
change.
The following table summarizes how well the contract’s administration
practices align with best practices.
Table 3: Best Practices for Contract Administration
7 Best Practices for Contract Administration South
Knoll
Rios
Trees CSLL
1. Assigned & Defined Responsibility & Authority: Yes Yes Mostly
2. Focused Monitoring Functions on Outcomes: Yes Yes No
3. Kept Contractor Performance Documentation: Mostly Mostly No
4. Organized Files and Documentation: Yes No No
5. Followed-up on Contractor Performance: Yes Mostly No
6. Developed Contingencies for Contract Failure: Yes Yes No
7. Linked Payments to Satisfactory Performance: Yes Yes N/A
Contract Administration Audit 18
Responsibility and Authority is Clearly Assigned and Defined
The responsibilities and authorities of contract administrators should
be clearly assigned and defined. This will increase the likelihood that
monitoring of a contract will actually occur.
On the Rios Tree contract, responsibility and authority were both
clearly assigned and defined. The majority of both responsibility and
authority has been assigned to the Electrical Transmission/Distribution
Supervisor. Essentially, the only authority the Supervisor lacks when it
comes to contract administration is over change orders above $3,000.
However, it should be noted that the primary reason responsibility
and authority can be considered well defined is because the Electrical
Transmission/Distribution Supervisor bears almost all of the
responsibilities and authorities. If any additional employees were
involved significantly in the contract’s administration, specific
responsibilities and authorities would need to be more clearly
assigned and defined; preferably in writing.
Monitoring Activities Focus Properly on Outcomes
While there is value in monitoring all requirements of a contract, the
most effective contract monitoring activities focus on outcomes. (For
a more detailed description of this topic, see pages 5 and 6).
Monitoring of the Rios Tree contract has its primary focus on
outcomes. This is evidenced by the fact that the weekly status reports
focus on milestones reached and weekly accomplishments. For
example, the August 10, 2012 weekly status report stated that the
contractor trimmed off all transmission lines, cut the underbrush, and
chipped the brush along the lines from Spring Creek Substation to
Greens Prairie Creek. This is a specific outcome being monitored, and
furthermore it is an appropriate outcome to measure because the
contract administrator can easily verify the accuracy of the status
report by traveling to the site and seeing if the milestone has been
completed satisfactorily.
Contract Documentation Could Use Improvement
Documentation for contract administration has two aspects: (1)
performance reporting, and (2) filing of reports and other documents.
Contract Administration Audit 19
The Rios Tree contract has mostly adequate performance
reporting. Performance reporting generally involves four kinds of
reports: status reports, progress reports, forecasting reports, and risk
reports. (For a more detailed description of performance reporting,
see page 6).
The Rios Tree contract has some reports that constitute adequate
performance reporting. The weekly status reports constitutes both
status and progress reports, and the project work plan constitutes
forecasting. These reports could be further improved if the contract
administrator added comments to the reports that help describe
qualitative factors on how well the contractor is performing on the
contract.
The Rios Tree contract does not currently have risk reports. Risk
reports could prove to be a useful addition to the contract’s current
monitoring system. These reports will help contract managers be
better prepared for any potential uncertainties or vulnerabilities.
The Rios Tree Contract Needs Stronger Filing Practices
Contract files should be organized so that someone could reconstruct
and understand the history of the contract in the absence of the
contract administrator. (For a more detailed description of contract
document organization, see pages 6 and 7).
While for the most part sufficient reports and documentation have
been collected for the Rios Tree contract; the organization of these
contracts could be improved. The contract administrator should create
a filing system that holds all the information necessary to know what
was expected and received under the contract, and that would allow
someone to reconstruct and understand the history of the contract in
the absence of the administrator.
Follow-up Activities are Occurring, But May Be Improved
Results of monitoring reviews, audits and investigations should be
routinely followed up on to ensure corrective actions have been taken
and to identify common problem areas.
The administrator for the Rios Tree contract routinely follows-up on
problems discovered during his monitoring activities. However, these
follow-up activities are not always recorded. The contract
administrator may find it beneficial to record the results of follow-up
Contract Administration Audit 20
activities in order to document whether the problem has improved, or
if it continues.
The Rios Tree Contract Has a Sufficient Contingency Plan
A contingency in case of default is valuable to contract administrators
because it helps them to better assess risk, and be prepared in case
the contract does in fact fail.
If Rios Tree Services were to default on its contract, CSU plans to
offer the next lowest bidder of the tree trimming contract the chance
to complete the project at a pro-rated rate.
CSU Contract Payments Procedures Align with Best Practices
Best practices state that payment for contract related services should
be linked to satisfactory performance, and not just paid on a regular
schedule without regard for whether contractors are actually meeting
contract requirements.
The Rios Tree contract requirements most relevant to pay for
performance are the tree trimming and clearing requirements. In
general, Rios does two types of cutting services for the City. The first
is their scheduled cutting along the power lines. This is scheduled out
so that each area is cut about once every three years. The second set
of services are for instances when citizens call the City and request
certain trees/branches be cut down. In these cases, the Electrical
Transmission/Distribution Supervisor will check out the site to decide
whether trimming the requested tree is actually a city need (i.e. the
tree/branches are in the City’s right-of-way, and creates a risk to the
City’s power lines). If the Supervisor determines that the tree does
need to be trimmed, he will mark the tree then send out work
requests to Rios for trimming.
The Rios Tree contract follows best practices for payment of
services. When the City receives an invoice from Rios Tree, that
invoice can be linked to performance on a specific activity. When the
Electrical Transmission/Distribution Supervisor receives this invoice,
he is then able to check the specific work site (if he hasn’t already) to
ensure that the work has been adequately completed. If the work is
adequate, he approves the invoice, which is then forwarded to
Accounting for payment.
Contract Administration Audit 21
This current system is adequate because it reasonably ensures the
City is receiving the services it has paid for, and it also separates the
authorization of invoices from the payment of invoices, which helps
prevent fraud within the City.
Generally, Rios Tree has Fulfilled its Contract Requirements
At one hundred and one pages in length, the Rios Tree contract
contains dozens of contract requirements. It would not have been a
wise use of audit resources to verify whether all contract
requirements have been completed, given that some requirements
would have cost significant amounts of time and resources for
comparatively little benefit.
The following contract requirements were investigated: (1) whether
tree trimming was completed on schedule, (2) whether English
speaking liaisons were available among each work crew, (3) whether
required documents were delivered to the City, (4) whether Rios Tree
held current liability insurance, and (5) whether work crews clearly
indicated their employment with Rios Tree Services.
Tree trimming was completed on time. The contract required
that the City’s 138 kV transmission line right-of-ways be trimmed and
cleared by September 2012. This contract requirement has been
completed.
English speaking liaisons were available. In the past, the
contract administrator sometimes had difficulty communicating with
the tree trimming work crews because none of the crews spoke
English. Because of this, the administrator included in the current
contract with Rios Tree the requirement that each crew must have at
least one liaison at each site who is able to speak clear and concise
English.
We traveled to several of the work sites and visited with the work
crews there. We were able to confirm that all work crews had a
member that could speak some English.
Required documents have been delivered to the City. The
contract requires that Rios Tree deliver to the City the following
documents: (1) a tree trimming work plan, (2) a safety plan, (3) a
weekly trimming report, and (4) a weekly clearance report.
Contract Administration Audit 22
These documents are valuable to the City because they keep the City
up-to-date on what Rios Tree is doing and planning to do.
Furthermore, the information contained in these documents make a
considerable contribution to the City’s progress reporting. Rios Tree
has met these terms of the contract and has delivered these
necessary documents to the City.
Rios Tree Maintains Current Insurance. The contract requires
that Rios Tree maintain insurance against claims for injuries to
persons or damages to property that may arise from or in connection
with the performance of the work. This insurance protects the City
from potential liability that is associated with hiring contractors to
perform work for the City.
Rios Tree maintains current insurance, which is not due to expire until
June 15, 2013. Significantly, this insurance meets the contract’s
requirement for a ―[l]imit of $1,000,000 per occurrence for bodily
injury and property damage with an annual aggregate limit of
$2,000,000,‖ as well as meeting the other insurance requirements set
out in the contract.
Work crews properly indicated their employment with Rios
Tree. The contract requires that the contract crews wear clothing
that identifies the company they represent and that their work
vehicles be clearly marked with their company’s name or logo. The
contract requires this because the work crews frequently work in the
customer’s back yard.
During on site visits we found that the vehicles were properly marked
and that most of the employees in the work crews were wearing the
proper clothing. However, a few workers on the work crews were not
wearing the proper clothing. The contract administrator stated that
this occasionally happens, and when he notices it he talks to Rios
Tree management to remind them to enforce this rule.
The contract administrator’s response to these occasional lapses in
the work crews’ dress seems appropriate as these lapses are unlikely
to cause any significant problems so long as the majority of each
work crew continues to dress properly.
Contract Administration Audit 23
Employment Relationship with the Contractor is Appropriate
The City has hired Rios Tree as an independent contractor, and not as
an employee. The difference between these two types of employment
statuses can have important consequences regarding the applicability
of employment laws, taxation, rights upon termination, and legal
liability.
However, employment status is an area where substance is regarded
higher than form, and so it is less important whether the City is
calling the Contractor an independent contractor, and more important
that the City is treating the Contractor like an independent contractor.
There are three separate criteria which should be examined when
deciding whether a contractor is being treated as an independent
contractor or an employee: (1) the amount of behavioral control, (2)
the amount of financial control, and (3) the type of relationship
between the parties.
The City’s level of behavioral control indicates an
independent contractor relationship. When employers hire an
independent contractor, they are primarily concerned with the results
achieved, and exercise very little control over how the Contractor
achieves the results.
With Rios Tree, the City exercises minimal behavioral control. With
the exception of enforcing certain safety standards, the City does not
control how Rios trims the trees, nor does the City control which Rios
employees work on which projects or when.
The City’s level of financial control indicates an independent
contractor relationship. When employers hire an independent
contractor, the contractor bears the risk of loss or benefit of profits;
whereas with an employee the employer bears the risk of loss or
profits.
Rios Tree is supplying its own equipment and is being paid a flat fee
by the City. Therefore, Rios Tree is bearing the risk of loss or profit;
so, the City does not exercise much financial control over the
contractor.
Contract Administration Audit 24
The relationship between the City and Rios Tree indicates an
independent contractor relationship. The relationship between
an employer and independent contractor is generally for a specified
term, either for a specific time period or for the duration of a specific
project; whereas the relationship between an employer and employee
is generally on-going, or ―at will.‖
The Rios Tree contract is for a specific term of three years, thus
indicating an independent contractor relationship.
Little League Contract Administration Needs Improvement
The City of College Station contracted with College Station Little
League (CSLL) in a facility user agreement. In this agreement, the
City has agreed to allow CSLL to use the little league fields, and in
return CSLL has agreed to operate the City’s little league program.
Contract Administrators Lack Written Policies
Organizations involved in contract administration should have policies
and procedures for administering contracts that are clear and easily
accessible to staff (For a detailed description of best practices for
contract administration policies, refer to the first section of this report
beginning on page 4.)
Neither the Parks and Recreation department nor the City as a whole
has a policy addressing all seven of the previously stated best
practices. However, while meeting with Parks and Recreation, we
learned that they are currently in the process of revamping their
contract management system. As they do so, we hope they will make
sure to include all seven stated best practices in their policies.
Table 4 on the next page summarizes how well the contract’s
administration practices align with best practices.
Contract Administration Audit 25
Table 4: Best Practices for Contract Administration
7 Best Practices for Contract Administration South
Knoll
Rios
Trees CSLL
1. Assigned & Defined Responsibility & Authority: Yes Yes Mostly
2. Focused Monitoring Functions on Outcomes: Yes Yes No
3. Kept Contractor Performance Documentation: Mostly Mostly No
4. Organized Files and Documentation: Yes No No
5. Followed-up on Contractor Performance: Yes Mostly No
6. Developed Contingencies for Contract Failure: Yes Yes No
7. Linked Payments to Satisfactory Performance: Yes Yes N/A
The Little League Contract was Not Reassigned
The responsibilities and authorities of contract administrators should
be clearly assigned and defined.
When the contract was first initiated between the City and College
Station Little League, we were told that responsibility was clearly
assigned to a contract manager. Unfortunately, during the period of
this contract, the contract manager ended employment with the City,
and when that happened the responsibilities for this contract were not
adequately reassigned. Because of this, some aspects of the
contract’s administration were neglected. The most notable deficiency
was that the little league contract was not renewed for 2012.
The City should ensure facility users are always under
contract. The City enters contracts with facility users because the
contract grants the City specific rights, and protects the City against
specific liabilities. If the City allows organizations to use the facilities
without entering into these contracts, the City may not be able to
avail itself of these rights and protections.
The City did not sign a contract with College Station Little League for
use of the facilities in 2012. The last time a contract was signed was
in 2011, and because the 2011 contract stipulates the agreement is
for the duration of the 2011 use permit, the 2011 contract is almost
certainly expired. Therefore because the City does not have a current
contract with CSLL, it probably could not avail itself of the rights and
protections created by the facility user agreements if it became
necessary.
This deficiency opens the City to significant risk of liability.
Specifically, the contract makes College Station Little League
Contract Administration Audit 26
responsible for repairing any damages to the facilities that occur
during CSLL’s use; and the contract indemnifies the City from any
losses or liabilities for injuries, deaths, or property damage in
connection with use of the facilities. Both of these liabilities could
result in damages that could exceed a million dollars.
Therefore, because the liability of being off-contract is potentially very
high, and the cost of renewing the contract every year is very low,
Parks and Recreation should ensure all expired contracts are renewed
before contractors are allowed to continue their operations.
The Little League Contract Lacks Sufficient Monitoring
Contracting with outside organizations creates great value for College
Station because it allows the City to provide community services that
the City would otherwise lack the manpower to provide. However, as
has already been discussed, it also opens the City to substantial risk.
Therefore, it is critical that all contracts are sufficiently monitored.
In 2012, monitoring of the College Station Little League contract has
been insufficient. Specifically, monitoring has been insufficient for
three of the contract’s major requirements: (1) insurance, (2)
background checks, and (3) payments.
We were unable to verify whether insurance policies were
sufficiently monitored. The City’s contract with College Station
Little League (CSLL) requires CSLL to hold general liability insurance.
The insurance policy must be furnished to the City before use of the
facility begins.
CSLL holds current liability insurance for up to $2 million. However,
we were unable to verify whether the insurance policy was obtained
by the City prior to the start of the season. For the other contracts we
checked whether insurance policies were received on time by looking
at the contract, where the insurance policy is attached to the
contract; or by checking the insurance on file on laserfiche. However
in this case, there was no 2012 contract, and the 2012 insurance was
not uploaded onto laserfiche. Therefore, while we know that CSLL has
current insurance, we were not able to verify whether the City
received the insurance certificate before use of the facility began.
Parks and Recreation should obtain insurance policies before the start
of a new season, and ensure that those insurance policies are then
Contract Administration Audit 27
put on file with the City. This will ensure that all organizations using
the City’s facilities are properly insured. These insurance policies have
multi-million dollar coverage, so there is great benefit in ensuring that
the organizations are insured; by contrast, the cost of monitoring is
quite low.
Parks and Recreation has not sufficiently monitored the
criminal background checks. Because of the sensitive nature of
working with young children, the College Station Little League
contract requires CSLL to perform criminal background checks on little
league volunteers before the beginning of the season. According to
the contract, CSLL is only required to supply the City with the results
of the background checks upon request.
Parks and Recreation did not request a copy of the results of these
background checks. In the future, the department should request and
review a copy of these background checks every year. This
monitoring activity would marginally increase city staff workload;
however, doing so would help reduce the City’s risk exposure; while
also providing assurance of greater safety for program participants.
Parks and Recreation has not sufficiently monitored
payments from CSLL. The City’s contract with College Station Little
League requires that they pay the City $10.00 per resident player in
the league.
For 2012, College Station will receive $11,180 from College Station
Little League, based on CSLL’s statement that they had 1,118
registrants. Historically, the contract administrator for CSLL contracts
has not investigated whether the registrant number provided by CSLL
is accurate. While it may not be feasible for Parks and Recreation to
initiate a full investigation of the Little League’s finances every year,
the City can substantially reduce the risk of fraud, abuse, or error by
performing reasonability analysis.
An example of a possible reasonability analysis is as follows: CSLL
reported that the fall season had 303 players. The CSLL’s game
schedule indicates 30 little league teams from College Station. By
dividing the 303 players by the 30 teams, we find an average of 10.1
players per team. Most baseball teams have at least 9 players per
team; therefore, this average of 10.1 is reasonable. If the number
were substantially higher or lower we might be prompted to
investigate further.
Contract Administration Audit 28
Contract Documentation Needs Improvement
Documentation for contract administration has two primary aspects:
(1) performance reporting, and (2) filing of reports and other
documents.
The little league contract lacks sufficient performance
reports. Performance reporting generally involves four kinds of
reports: status reports, progress reports, forecasting reports, and risk
reports. (For a more detailed description of performance reporting,
see page 6).
The CSLL contract does not currently have sufficient performance
reporting. The Parks and Recreation department should make sure
that contract administrators are creating sufficient performance
reports. These reports do not need to be extensive. However, they
should still be created at regular intervals throughout the contract’s
life to (1) help management stay updated, (2) in case the current
administrator must be replaced, and (3) in case of disputes with the
contractor.
Parks and Recreation should align their contract filing system
with best practices. Contract files should be organized so that
someone could reconstruct and understand the history of the contract
in the absence of the contract administrator. (For a more detailed
description of contract document organization, see pages 6 and 7).
When this audit began, the Parks and Recreation department had
recently begun a revamp of their contract management system. As
part of that process, they were also updating their contract document
filing system. While Parks and Recreation finalizes this new system,
the department should be sure to align the system with the best
practices previously stated.
Contractor performance reviews should be followed-up on.
Results of monitoring reviews, audits and investigations should be
routinely followed up on to ensure corrective actions have been taken
and to identify common problem areas. Parks and Recreation should
develop a process for addressing problems with contractors that
includes creation and follow-up on performance reports.
Contract Administration Audit 29
The Contingency in Case of Default is Insufficient
A contingency in case of default is valuable to contract administrators
because it helps them to better assess risk, and be prepared in case
the contract does in fact fail.
Though not written anywhere in an official capacity, if the College
Station Little League contract were to default, we were told that Parks
and Recreation employees would assume the duties currently
provided by College Station Little League. It was not within the scope
of this audit to determine the feasibility of this contingency plan, but
to work, this plan would need to consider the impact of taking over
the league on its participants and also the potentially increased costs
to the City. This plan does not need to cover every detail, but should
be a general strategy that considers the major impacts of contract
default.
Proper Controls Exist for Receiving Payments
Whenever employees handle money for the City, it is important that
duties be separated in order to reduce the likelihood of fraud.
In Parks and Recreation, the contract administrator receives the
check, and then passes it on to another employee to record it. From
there the check is delivered to the bank via armored car. This process
has properly separated duties.
CSLL Has Met the Contract’s Major Requirements
The City’s contract with College Station Little League requires CSLL to
perform numerous tasks. This audit report details the more significant
findings. Specifically, we found that College Station Little League
holds current liability insurance, and we found evidence that CSLL
performed the required criminal background checks. We found only
one area of minor non-compliance, in that CSLL did not submit on
time to the City a list of all CSLL officers.
The City Has Met All Major Contract Requirements
The City’s contract with College Station Little League requires the City
to perform four specific actions: (1) mark the fields to proper
dimensions, and remark as necessary; (2) clean and stock the
restrooms; (3) install nets, bases, and similar equipment; and (4)
Contract Administration Audit 30
perform general grounds maintenance of facility and city installed
equipment.
When this audit began, two game nights remained, so we were able
to see the contract in action, and confirm that the City has met all of
the four above contract requirements. The fields were properly
marked; the restrooms were well stocked and clean; nets, bases and
other equipment were available; and the grounds were generally well
maintained.
Contract Administration Audit 31
Recommendations
City-wide Recommendations
1. The City should either create a city-wide contract administration policy, or ensure that
every department that manages contracts has a department-level contract
administration policy that is easily accessible to staff. At a minimum, these contract
administration policies and procedures should state that (1) responsibility and authority
should be clearly assigned and well defined, (2) monitoring functions should focus on
the outcomes of services provided, (3) contract administrators should create and keep
documentation on the contractor’s performance, (4) contract documentation should be
well organized, (5) contractor performance reviews should be followed-up on, (6)
contingency for contractor’s failure should be addressed, and (7) payments should be
linked to satisfactory performance.
2. The City should help ensure contract administrators are up-to-date on knowledge and
skills by holding regularly scheduled contract administration training. While the training
may address numerous issues, it should be sure to include training on risk assessment
and performance measures.
Public Works Recommendations
3. City management should work with Public Works to ensure that change order policies
are in line with change order practices. Specifically, Public Works sometimes gives the
go ahead on change orders for construction projects above $3,000 before it has been
officially approved by all individuals from whom the policies require approval. This
practice appears to be opposed to the City’s written policy.
4. As the new Project Delivery Manual is finalized, drafters should make sure the manual
directly addresses all seven of the best practices described in recommendation 1.
5. Public Works contract administrators should create risk reports along with their other
performance reports. These risk reports describe upcoming uncertainties and
vulnerabilities, and cam help members of management become more aware of risks,
provide beneficial background in case a new administrator is assigned to the project,
and can act as evidence in case of a dispute with the contractor.
Contract Administration Audit 32
College Station Utilities Recommendations
6. Unless city management decides to create a city-wide policy for contract administration,
College Station Utilities should develop written contract administration policies that, at a
minimum, directly address the seven best practices described in recommendation 1.
7. College Station Utilities contract administrators should create risk reports along with
their other performance reports. These risk reports describe upcoming uncertainties and
vulnerabilities, and will help members of management be more aware of risks, provide
beneficial background in case a new administrator is assigned to the project, and can
act as evidence in case of a dispute with the contractor.
8. College Station Utilities should institute a contract document filing system. This
organizational system should hold all the information necessary to know what was
expected and received under the contract. The contract files should be organized so that
someone could reconstruct and understand the history of the contract in the absence of
the contract administrator.
Parks and Recreation Recommendations
9. Unless city management decides to create a city-wide policy for contract administration,
Parks and Recreation should develop written contract administration policies that, at a
minimum, directly address the seven best practices described in recommendation 1.
10. Parks and Recreation should ensure that contract administrators are reporting (on a
regular basis) the status of the contract, what has been accomplished, and any areas of
uncertainty or vulnerability. As it pertains to the CSLL contract, goals or objectives
related to the following factors could be considered: league participation, facility
maintenance, participant safety, and monetary appropriateness.
11. Parks and Recreation should institute a contract document filing system that holds all
the information necessary to know what was expected and received under the contract.
The contract files should be organized so that someone could reconstruct and
understand the history of the contract in the absence of the contract administrator—or
in the case a change in the contract administrator occurs. For example, as it pertains to
the College Station Little League (CSLL) contract, the following could be included but is
not limited to: a current contract, contractor proof of insurance, performance reporting,
contingency plans in case of contract default, contractor financials and a verification
analysis of the accurateness of the financials, and the criminal back ground checks.
Contract Administration Audit 33
Management Responses
To: Frank Simpson, Interim City Manager
From: Jeff Kersten, Executive Director Business Services
Date: January 28, 2013
Subject: Performance Audit: Contract Administration Recommendation Responses
Attached are staff responses to the Contract Administration audit.
City-wide Recommendations
1. The City should create a city-wide contract administration policy, or ensure that every
department that manages contracts has a department-level contract administration
policy that is accessible to staff. At a minimum, these contract administration policies
and procedures should state that (1) responsibility and authority should be clearly
assigned and well defined, (2) monitoring functions should focus on the outcomes of
services provided, (3) contract administrators should create and keep documentation
on the contractor’s performance, (4) contract documentation should be well
organized, (5) contractor performance reviews should be followed-up on, (6)
contingency for contractor’s failure should be addressed, and (7) payments should be
linked to satisfactory performance.
Response: Staff concurs that there should be a city-wide contract administration
policy, and will assess what resources will be needed to accomplish this.
2. The City should help ensure contract administrators are up-to-date on knowledge and
skills by holding regularly scheduled contract administration training. While the
training may address numerous issues, it should be sure to include training on risk
assessment and performance measures.
Response: Once a city-wide contract administration policy is in place, staff will work to
establish a training plan on contract administration, and will assess what resources will
be needed to accomplish this.
Public Works Recommendations
3. City management should work with Public Works to ensure that change order policies
are in line with change order practices. Specifically, Public Works sometimes gives the
go ahead on change orders for construction projects above $3,000 before it has been
Contract Administration Audit 34
officially approved by all individuals from whom the policies require approval. This
practice appears to be opposed to the City’s written policy.
Response: City staff will continue to work together to align the policy and procedure on
the approval of change orders. However, staff recognizes there will be instances where
construction cannot be delayed or postponed without a significant financial impact
while change orders route for signature and approval. Therefore, some change orders
will continue to need to be ratified.
4. As the new Project Delivery Manual is finalized, drafters should make sure the manual
directly addresses all seven of the best practices described in recommendation 1.
Response: City staff concurs with the recommendation. The seven best practices will be
discussed in the Project Delivery Manual. Additionally, the seven best practices will be
described in more detail in a separate contract management handbook.
5. Public Works contract administrators should create risk reports along with their other
performance reports. These risk reports describe upcoming uncertainties and
vulnerabilities, and can help members of management become more aware of risks,
provide beneficial background in case a new administrator is assigned to the project,
and can act as evidence in case of a dispute with the contractor.
Response: City staff concurs with the recommendation. The Project Delivery Manual
will address risk reporting.
College Station Utilities Recommendations
6. Unless city management decides to create a city-wide policy for contract
administration, College Station Utilities should develop written contract
administration policies that, at a minimum, directly address the seven best practices
described in recommendation 1.
Response: Staff concurs that there should be a city-wide contract administration policy,
and will assess what resources will be needed to accomplish this.
7. College Station Utilities contract administrators should create risk reports along with
their other performance reports. These risk reports describe upcoming uncertainties
and vulnerabilities, and will help members of management be more aware of risks,
provide beneficial background in case a new administrator is assigned to the project,
and can act as evidence in case of a dispute with the contractor.
Response: Staff concurs that there should be a city-wide contract administration
policy, and will assess what resources will be needed to accomplish this. Risk reporting
will be addressed in that policy.
8. College Station Utilities should institute a contract document filing system. This
organizational system should hold all the information necessary to know what was
Contract Administration Audit 35
expected and received under the contract. The contract files should be organized so
that someone could reconstruct and understand the history of the contract in the
absence of the contract administrator.
Response: Staff concurs that there should be a city-wide contract administration
policy, and will assess what resources will be needed to accomplish this. A contract
document filing system will be addressed in that policy.
Parks and Recreation Recommendations
9. Unless city management decides to create a city-wide policy for contract
administration, Parks and Recreation should develop written contract administration
policies that, at a minimum, directly address the seven best practices described in
recommendation 1.
Response: Parks and Recreation concurs.
The Parks and Recreation Department will follow the guidelines and policies that the
City adopts as they move forward addressing this audit report. That policy should
include the “Best Practices” as outlined in the audit report. The Parks and Recreation
Department will create an internal “tickler” file that will list all of the contracts and ILAs
that it manages, complete with dates and details for renewal so that each of them can
be addressed in a timely manner.
10. Parks and Recreation should ensure that contract administrators are reporting (on a
regular basis) the status of the contract, what has been accomplished, and any areas
of uncertainty or vulnerability. As it pertains to the CSLL contract, goals or objectives
related to the following factors could be considered: league participation, facility
maintenance, participant safety, and monetary appropriateness.
Response: Parks and Recreation concurs.
Over the past year, there have been several staff changes within the Parks and
Recreation Department. One of those was the resignation of the Athletic Supervisor
who oversaw the Little League contract. By default, that contract oversight became the
oversight responsibility of that person’s supervisor. In order to have consistency in
oversight and enable better management of contracts and ILAs, responsibility for this
will be transferred to the appropriate Assistant Director (Operations or Programs). This
action will address all of the stated deficiencies.
11. Parks and Recreation should institute a contract document filing system that holds all
the information necessary to know what was expected and received under the
contract. The contract files should be organized so that someone could reconstruct
and understand the history of the contract in the absence of the contract
administrator – or in the case a change in the contract administrator occurs. For
example, as it pertains to the College Station Little League (CSLL) contract, the
following could be included but is not limited to: a current contract, contractor proof
Contract Administration Audit 36
of insurance, performance reporting, contingency plans in case of contract default,
contractor financials and a verification analysis of the accurateness of the financials,
and the criminal background checks.
Response: Parks and Recreation concurs.
The Parks and Recreation Department will follow the guidelines and policies that the
City adopts as they move forward addressing this audit report. That policy should
include the “Best Practices” as outlined in the audit report. The Parks and Recreation
Department will create an internal “tickler” file that will list all of the contracts and ILAs
that it manages, complete with dates and details for renewal so that each of them can
be addressed in a timely manner.
Over the past year, there have been several staff changes within the Parks and
Recreation Department. One of those was the resignation of the Athletic Supervisor
who oversaw the Little League contract. By default, that contract oversight became the
oversight responsibility of that person’s supervisor. In order to have consistency in
oversight and enable better management of contracts and ILAs, responsibility for this
will be transferred to the appropriate Assistant Director (Operations or Programs). This
action will address all of the stated deficiencies.