HomeMy WebLinkAboutStaff Report 13890
City of Palo Alto (ID # 13890)
City Council Staff Report
Meeting Date: 2/7/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Policy and Services Committee Recommends Approval of the Office of
the City Auditor's Initial Public Safety Building Monitoring Report
From: City Manager
Lead Department: City Auditor
Recommendation
The Policy and Services Committee, City Auditor, and Staff recommend that the City
Council approve the Initial Public Safety Building Construction Monitoring report.
Executive Summary
Baker Tilly, in its capacity serving as the Office of the City Auditor, performed a review
of compliance with contractual audit requirements for the Architect, Inspector of
Record, Construction Manager, Contractor and Waterproofing Inspector associated with
the Public Safety Building construction project. In addition, Baker Tilly will verify that
project expenditures billed to City of Palo Alto are adequately supported, verifiable, and
appropriately allocated to the project. This activity was conducted in accordance with
the FY2021 Audit Plan approved by City Council.
Background
This is an on-going audit activity. The City Auditor will draft a similar report on a
monthly basis. The report contains two critical items:
1) Audit Issues Log – lists various audit ‘issues’ including a description of the issue
identified, the status of the item, and the result (which is management’s
response to the issue).
2) Request for Information (RFI) Log – contains a running list of the monitoring
activities performed by the City Auditor. This list does not represent findings/
observations/ issues, but rather is a mechanism to track on-going monitoring
activities. Note that an ‘open’ item simply indicates that a request for information
has been made by the City Auditor.
As of November 17, 2021, the Office of the City Auditor identified two (2) audit issues,
totaling $7,331.77 in potentially recoverable costs out of a total of $22.5M in financial
transaction reviewed. The Public Works Department is working with the respective
vendors to be credited for those costs.
City of Palo Alto Page 2
The Office of City Auditor will continue to perform monthly monitoring procedures in
accordance with the approved task order and routinely bring forward status updates to
the Policy and Services Committee and City Council. Future reports are anticipated to
be presented as informational.
The Policy & Services Committee unanimously approved the report at the December 14,
2021 meeting (ID #13837).
The Office of City Auditor will perform periodic follow up procedures to validate that
corrective actions have been implemented.
Discussion
The attached report summarizes the analysis, audit findings, and recommendations.
Timeline, Resource Impact, Policy Implications
Costs associated with this audit activity were approved by City Council in the form of a
task order. The audit activity has been completed within budget, so there were no
additional impacts on budget. The timeline for implementation of corrective action
plans is identified within the attached report.
The OCA would like to acknowledge the efforts of City Staff, including efforts by Public
Works to respond to information requests and questions in an expeditious manner.
Stakeholder Engagement
Environmental Review
Environmental review is not applicable to this activity.
Attachments:
• City of Palo Alto - PS Building - Status Update 11.17.21
The Office of the City Auditor worked primarily with the Public Works Department and
engaged with additional stakeholders, including the City Manager’s Office and City
Attorney’s Office, as necessary.
This update is solely intended for the use of the City of Palo Alto's internal management.
Status Update
City of Palo Alto
Public Safety Building - Construction Audit
11/17/2021
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Client: City of Palo Alto
Project:Public Safety Building
Status Update
Date:11.17.2021
2. Reviewed additional payment applications, invoices, and change orders from each vendor through September 31, 2021.
Audit Scope and Objectives
City of Palo Alto engaged Baker Tilly US, LLP (“Baker Tilly”, “we”, or “our) to perform construction audit services on the Public
Safety Building project.
The primary objectives of this engagement are to ensure compliance with contractual audit requirements for the Architect,
Inspector of Record, Construction Manager, Contractor and Waterproofing Inspector. In addition, Baker Tilly will verify that project
expenditures billed to City of Palo Alto are adequately supported, verifiable, and appropriately allocated to the project.
Current Period Audit Events
Baker Tilly performed the following items during the current period:
1. Reviewed Public Works response to the RFI log dated October 15, 2021.
There are no events hindering audit progress.
Current Period Audit Issues
Baker Tilly noted the following audit issue in the current period.
- Nova Partners invoices from June 2017 to December 2017 included billing rate overcharges totaling $6,975. Public Works will
work with Nova to receive a credit on a future invoice (See AI No. 2 and RFI No.1). Baker Tilly will note this item as closed once
the forthcoming invoice is executed.
Current Period Requests for Information
During the current period we added RFI No. 13 to No. 16 as follows:
- RFI No. 13 - Swinerton Builders - Pay App #5 is required.
- RFI No. 14 - Swinerton Builders - In Change Order #10, there are differences between amounts executed and support provided.
This difference is due to time extension and its respective costs not being approved at the time. Additional breakdown support of
these costs is required.
- RFI No. 15 - RossDrulisCusenbery (RDC) - Supporting documents for AS #25 is required.
- RFI No. 16 - 4 Leaf, Inc - All invoices subsequent to July 2021 are required.
We will share the RFI log with Public Works and report on the results of the new items on the December Status Update.
Upcoming Audit Activities
1. Review Public Works response to the updated RFI Log items.
2. Collect and review any additional payment applications, invoices, and change orders through October 31, 2021.
3. Draft the December Status Update detailing the results of our review.
Events Hindering Progress
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Client: City of Palo Alto
Project:Public Safety Building
Status Update
Date:11.17.2021
Completed Tasks
Baker Tilly has completed the following tasks:
1. Reviewed the contract documents for 4Leaf, Inc. (Inspector of Record), Nova Partners, Inc (Construction Manager), RDC
(Architect), and Swinerton Builders (Contractor).
2. Developed monthly testing procedures based on the terms of each contract.
3. Reviewed the payment applications, invoices, and change orders from each vendor from project inception through the period
ending September 30, 2021.
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Client City of Palo Alto
Project Public Safety Building
Audit Issues (AI) Log
Updated:11.17.2021
AI ID No.Period Audit Issue AI Date
Response
Date Status Result Amount
001 October Monthly
Review
Swinerton Builders - COR #25 which was
included in Change Order #4 included a
duplicate charge for equipment markup
totaling $356.77 (see RFI #7).
9/23/2021 11/15/2021 Closed Public Works provided Change Order #8
reflecting the credit.
Baker Tilly reviewed Change Order #8
and confirmed credit.
356.77$
002 November Monthly
Review
Nova Partners - Invoices from June 2017 to
December 2017 billed an Estimator at a rate
of $175 per rate rather than the agreed-upon
rate of $160 per hour. This resulted in a
billing rate overcharge totaling $6,975
(see RFI #1).
10/15/2021 Open Public Works will work with Nova to
receive a credit on a future invoice.
6,975.00$
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Client City of Palo Alto
Project Public Safety Building
Request for Information (RFI) Log
Updated:11.17.2021
RFI ID No.Period Request Contact RFI Description Request Date Response Date Response Status Result
001 Monthly testing Public Works Nova Partners - Please provide all invoices prior to February 2021. 9/20/2021 9/23/2021 Public Works provided the requested documents to Baker Tilly. Open 10/15/2021 - Upon review of invoices prior to February 2021 , Baker Tilly noted the
following: Invoices from June 2017 to December 2017 billed an Estimator at a rate
of $175 per hour; however, the agreed-upon rate for an Estimator, as stated in
Exhibit C-1 of the contract, is $160 per hour. This results in a potential billing rate
variance totaling $6,975. Was the rate of $175 per hour previously approved. See
Schedule 1.
11/15/2021 - Public Works provided an explanation for the potential billing rate
variance. Per Public Works, "a Senior Estimator was used to provide services in
2017 and charged the correct rate at the time for Senior Estimator. Public Works
acknowledges that there was no Senior Estimator rate in the contract, but it was
added in 2018 through contract amendment #2. Public Works will work with Nova
to receive a credit on a future invoice for the difference."
11/17/2021 - Baker Tilly reviewed Public Works explanation and it appears
reasonable. Baker Tilly will review future invoice for confirmation of credit
adjustment.
002 Monthly testing Public Works Nova Partners - Invoices from February to April 2021 did not reflect the percentage of
completion for each task as stipulated in Section 5 of the contract. However, this was
rectified in the May invoice which showed an aggregate 68% of completion for all tasks.
No response required at this time; however, we will be monitoring the percentage of
completion in each invoice moving forward to confirm compliance with the contract
documents.
9/20/2021 9/23/2021 No response was required. Public Works is aware Baker Tilly is monitoring the
percentage of completion in each invoice to confirm compliance.
Closed Baker Tilly reviewed invoices subsequent to April 2021. Noted invoices reflect
percentage of completion and are in compliance with contract documents. No
additional comments.
003 Monthly testing Public Works Nova Partners - The following employees were not listed in Exhibit "C-1" of the contract:
Joe Capps-Jenner, Sam Tooley, and Jason Luong. Please provide the approved billing
rates for each employee.
9/20/2021 9/23/2021 Public Works provided the requested billing rates to Baker Tilly. Closed Baker Tilly reviewed the billing rate schedules. No additional comments.
004 Monthly testing Public Works Nova Partners - Please provide all supporting documents for Additional Services prior to
AS #11.
9/20/2021 9/23/2021 Public Works provided the requested documents to Baker Tilly. Closed Baker Tilly reviewed Additional Services prior to AS #11. No exceptions noted.
005 Monthly testing Public Works Swinerton Builders - It appears Pay App #3 has a calculation error on the first page.
Contract Sum to Date (Line 3) totals $84,177,752, the recalculated amount reflects
$84,375,269.04. This does not result in a billing error on the Payment Application #3;
however, the correct Contract Sum should be confirmed and reflected on the payment
application.
9/20/2021 9/23/2021 Public Works provided a revised payment application to Baker Tilly. Closed Baker Tilly reviewed the revised payment application. No exceptions noted.
006 Monthly testing Public Works Swinerton Builders - Please resend Change Order #1 and the supporting documents.
The documents provided were not able to be downloaded.
9/20/2021 9/23/2021 Public Works provided the requested documents to Baker Tilly. Closed Baker Tilly reviewed CO #1 and its supporting documents. No exceptions noted.
007 Monthly testing Public Works Swinerton Builders - In Change Order #4, it appears equipment markup is double
charged in COR #25. Invoice support shows a direct cost of $2,765.04 and a equipment
mark up of 10% totaling $3,041.54. This amount is then carried to the Change Order
Request Breakdown (Line 11) and an additional 10% markup is calculated (Line 15).
This is a minor potential variance totaling $349.77 after the applicable Swinerton fees are
added to the change order. The direct cost alone without the mark up should have been
carried to Line 11. Please review the supporting documentation. Does Palo Alto wish to
correct this on a future change order?
9/20/2021 9/23/2021 Public Works recalculated the variance to be $356.77 rather than $349.77.
Palo Alto will correct this in a future change order once variance is confirmed.
Closed 10/15/2021 - Baker Tilly will review future change order for confirmation of
variance adjustment.
11/15/2021 - Public Works provided Change Order #8 reflecting the variance
adjustment.
11/17/2021 - Baker Tilly reviewed Change Order #8 and confirmed variance
adjustment.
008 Monthly testing Public Works RossDrulisCusenbery (RDC) - Please provide all invoices prior to February 2021.9/20/2021 9/23/2021 Public Works provided the requested documents to Baker Tilly. Closed Baker Tilly reviewed invoices prior to February 2021. No exceptions noted.
009 Monthly testing Public Works RossDrulisCusenbery (RDC) - Please provide all supporting documents for Additional
Services prior to AS #16.
9/20/2021 9/23/2021 Public Works provided the requested documents to Baker Tilly. Closed 10/15/2021 - Upon review of Additional Services prior to AS #16, Baker Tilly noted
the following:
AS #3 - No documents were provided to support AS #3. Please provide supporting
documents.
AS #4 - This includes added services for Hinman Consultants; however, the
original contract documents do not contain a billing rate schedule for Hinman.
Please provide approved billing rates.
AS #9 and AS #12 - Interstice has Designer priced at a rate of $160 per hour;
however, the agreed-upon rate for a Designer is $140 per hour.
AS #13 - Interstice has design services priced at a blended hourly rate of $187.20,
which is higher than the agreed-upon Project Manager rate of $180. Please
provide the build-up to this blended rate.
11/15/2021
AS #3 - Public Works provided supporting documents.
AS #4 - Public Works provided billing rate schedule for Hinman Consultants.
AS #9 and AS #12 - Public Works provided invoices that reflected Designer billed
at the agreed-upon rate.
AS #13 - Public Works provided invoices that reflected Design Services billed at
the agreed-upon rate.
11/17/2021
AS #3 - Baker Tilly reviewed supporting documents. No exceptions noted.
AS #4 - Baker Tilly reviewed the billing rate schedule. No exceptions noted.
AS #9 and AS #12 - Baker Tilly reviewed invoices provided. No exceptions noted.
AS #13 - Baker Tilly reviewed invoices provided. No exceptions noted.
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Client City of Palo Alto
Project Public Safety Building
Request for Information (RFI) Log
Updated:11.17.2021
RFI ID No.Period Request Contact RFI Description Request Date Response Date Response Status Result
010 Monthly testing Public Works RossDrulisCusenbery (RDC) - In reviewing AS #21, we noted no supporting documents
were provided for WSP, Sandis Civil, and Interstice costs.
9/20/2021 9/23/2021 Public Works provided an explanation for the execution of AS#21. Closed Baker Tilly reviewed AS #21 and explanation appears reasonable. No additional
comments.
011 Monthly testing Public Works Consolidated Engineering Laboratories - Please provide all invoices. 9/20/2021 9/23/2021 No Consolidated Engineering Laboratories invoices to date.Closed N/A
012 Monthly testing Public Works 4Leaf, Inc - Please provide master agreement C21177994A.9/20/2021 9/23/2021 Public Works provided the requested agreement to Baker Tilly. Closed Baker Tilly reviewed the agreement. No additional comments.
013 Monthly testing Public Works Swinerton Builders - Please provide Pay App #5. 11/17/2021 Open
014 Monthly testing Public Works Swinerton Builders - In Change Order #10, amount executed for COR 59 shows
$60,284.28; however, support totals $99,635.05. This difference is due to time
extension and its respective costs not being approved at the time. Please provide the
breakdown of these costs as there is no clear breakdown in the support. This also
occurs in COR 41, 83, and 22.
11/17/2021 Open
015 Monthly testing Public Works RossDrulisCusenbery (RDC) - Please provide supporting documents for AS #24. 11/17/2021 Open
016 Monthly testing Public Works 4 Leaf, Inc - Please provide all invoices subsequent to July 2021.11/17/2021 Open
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