KPMG Houston ISD Audit
KPMG Houston ISD Audit
KPMG Houston ISD Audit
the grade
Houston Independent School District
Performance audit of 2012 bond program
KPMG LLP
Suite 2900
1918 Eighth Avenue
Seattle, WA 98101
Telephone
Fax
Internet
Contents
List of acronyms .................................................................................................................................. 1
Executive summary ............................................................................................................................. 2
Objectives ..................................................................................................................................... 2
Scope ............................................................................................................................................ 2
Background ................................................................................................................................... 2
Legal matters ................................................................................................................................ 3
Summary of observations ............................................................................................................. 3
Background ......................................................................................................................................... 5
Pre-2012 bond program................................................................................................................ 5
Design ........................................................................................................................................... 6
Original budget ............................................................................................................................. 6
Contracting strategy...................................................................................................................... 7
Supplemental funding ................................................................................................................... 7
Audit scope and methodology ............................................................................................................. 8
Methodology ................................................................................................................................. 8
Performance audit plan................................................................................................................. 8
Audit results and recommendations .................................................................................................. 12
1. Multiple factors influenced the growth in project budgets. Increased construction
activity and the resulting market conditions (cost escalation) appear to be the primary
factor affecting project costs resulting in the need for additional funds...................................... 12
2. HISDs policies and procedures for capital projects are not sufficiently developed. .............. 18
3. The program is lacking an effective and efficient organizational structure............................. 21
4. The program is not providing sufficient internal oversight into subcontractor bidding
activities nor is it shifting pricing risk to the CMaR contractor. ................................................... 23
5. The program is not conducting sufficient project cost estimating, variance analysis,
contingency management or reporting activities. ....................................................................... 27
Appendices........................................................................................................................................ 30
Appendix A Supplemental Bond Funding ...................................................................................... 31
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List of acronyms
Acronym
Definition
A/E
Architect/Engineer
CCD
CD
Construction Documents
CFS
CMaR
CO
Change Order
COH
City of Houston
CSP
DB
Design Build
DBE
DD
Design Development
ETC
FF&E
HISD
HVAC
Heating/Ventilation/Air Conditioning
IT
Information Technology
JOC
LEED
LMWBE
PAT
PM
Project Manager
PMT
RFP
RFQ
SD
Schematic Design
SOP
SOQ
Statement of Qualifications
Executive summary
This performance audit complies with Generally Accepted Government Auditing Standards (GAGAS). Our
work for this performance audit took place from January 18, 2016 to the date of this report, with significant
fieldwork concluded by May 9, 2016.
Objectives
A performance audit is an objective analysis for management and those charged with governance and
oversight to use to improve program performance and operations, reduce costs, facilitate decision making
by parties with responsibility to oversee or initiate corrective action, and to contribute to public
accountability. Further, performance audits seek to assess the effectiveness, economy, and efficiency of
a program. The objective of a performance audit is not to uncover fraud or misconduct.
Scope
The scope of this performance audit focused on the 2012 bond program through a macro analysis of the
bond program rollout and strategy including the Houston Independent School Districts (HISD or district)
overall:
Project management planning
Cost management
Time management
Risk management
Quality management
Contract administration
Safety management, and
Construction management professional practices
Additionally, KPMG was asked by the HISD Board of Trustees (Board) to independently evaluate the
underlying factors that drove the programs need for additional funding as part of our performance audit
scope.
Background
On November 6, 2012, Houston voters approved a $1.89 billion bond to replace and repair 40 schools
across the district. The 2012 bond program also includes work that will benefit students across the district
including technology upgrades, replacement of regional field houses and athletic facility improvements,
middle school restroom renovations and, safety and security improvements.
The projects funded through the bond program include:
New campuses for 21 high schools
Legal matters
HISD provided KPMG with a letter from a former employee dated April 21, 2016 raising a number of
issues relating to the potential misuse of bond money. While the letter makes allegations of fraud, our
engagement was a performance audit not a forensic fraud audit. Our report contains observations around
controls at HISD, but does not have any findings around fraud.
We were informed that certain documents exist as exhibits to the letter that include information related to
purchase orders and furniture reports. We were not provided with such documents. Management may
wish to consider obtaining and investigating the implications of the content of such documents as our
report has not considered them. If HISD obtains the documents in the future, KPMG may need to
consider additional procedures.
Additionally, we are aware that HISD is the defendant in the legal matter of No.: 4:10-cv-04872; The Gil
Ramirez Group, L.L.C. and Gil Ramirez, Jr. v. Houston Independent School District, Lawrence Marshall,
Eva Jackson and RHJ-JOC, Inc. KPMG was contacted by the plaintiffs counsel who informed us that
HISD has likely not provided, or has otherwise limited or prevented, records and evidence that would
greatly impact any audit, investigation or accounting of HISD bond construction programs, budgets,
practices and policies. The plaintiffs counsel stated that his client 1 wished to provide the subject evidence
and records to KPMG (or any other authorized agent) so that an accurate and full assessment and audit
of the HISD bond construction programs may be completed. When we requested the evidence and
records, plaintiffs counsel was not willing to provide us with actual documents. We reviewed materials
that accompanied the summary judgment motions filed in the case applicable to the scope and period of
our audit and considered these for our audit plan.
Summary of observations
The results of our performance audit indicate that HISD is lacking a number of core controls for delivering
a program of its size and complexity. In order for the HISD bond program to better achieve its scope,
schedule and budget objectives, the personnel tasked with delivering the program should implement
The client in this case is not the Plaintiff, but another district subcontractor.
Report to Houston Independent School District
additional processes or controls, enhance existing controls, and improve their program delivery tools and
the overall program organizational structure.
Due to the limitation of industry recognized local education specific construction cost indices as well the
challenge of isolating other non-cost escalation factors, it is very difficult to assign specific cost figures to
each factor that contributed to the $211 million in additional funding. However, it appears that escalation
is the largest contributing factor to the need for additional funding, based on our review of available
documentation.
Our observations are summarized as follows:
Related to past practices:
1. Multiple factors influenced the growth in project budgets. Increased construction activity and the
resulting market conditions (cost escalation) appear to be the primary factor affecting project costs
resulting in the need for additional funds.
In addition to construction escalation, we noted the following cost drivers:
a.
b.
c.
d.
e.
It is important to note that the request for additional funds does not by itself indicate that taxpayer
money was wasted or that value was not received for the money spent.
Related to current practices:
2. HISDs policies and procedures for capital projects are not sufficiently developed.
3. The program is lacking an effective and efficient organizational structure.
4. The program is not providing sufficient oversight into subcontractor bidding activities nor is it shifting
pricing risk to the CMaR contractor.
5. The program is not conducting sufficient project cost estimating, variance analysis, contingency
management or reporting activities.
Background
On November 6, 2012, Houston voters approved a $1.89 billion bond to replace and repair 40 schools
across the district. The total authorized bond fund dollars are for capital improvements for the renovation
and replacement of aging facilities, and for the construction of new facilities. To gain an understanding of
the 2012 bond program, a look back at past bond program history and pre-construction activities is
necessary.
Design
Planning and design activities took place after the 2012 bond approval. HISD issued a request for
qualifications (RFQ) for architectural-engineering (AE) services on December 3, 2012. HISD awarded a
design package for each school to an AE firm. To aid in the design process and encourage involvement
from the community HISD created Project Advisory Teams (PATs).
PATs work with HISD planners to develop capacity models and program definition for each school. The
goal is to ensure that school and community members have the opportunity to take part in the planning
and design of new schools and to monitor the progress of construction. PATs meet on a monthly basis
throughout each phase of the project. A typical PAT is comprised of eight to 12 members including the
school principal, students, teachers, staff, parents, community members, AE, and HISD Construction
Facility Services (CFS).
Original budget
HISD segmented the projects within the $1.89 billion 2012 bond program into four groups. The bond
program also includes work that will benefit students across the district including technology upgrades,
replacement of regional field houses and athletic facility improvements, middle school restroom
renovations and, safety and security improvements.
The projects funded through the bond program include:
New campuses for 21 high schools
Partial replacement of three high schools
Renovation of four high schools
Conversion of five elementary schools to K-8 campuses
Three new elementary campuses
Replacing/completing two middle school campuses
The program funding is broken down as follows:
Project
Proposed budget
High School
$1,362,436,000
Middle School
$73,950,000
K-8
$121,345,000
Elementary Schools
$79,534,000
$1,637,265,000
$44,675,000
$55,767,000
$35,000,000
Districtwide Technology
Districtwide Safety & Security
Total budget
$100,000,000
$17,293,000
Districtwide Total
$252,735,000
Bond Total
$1,890,000,000
Report to Houston Independent School District
Contracting strategy
HISD executed projects using the Construction Manager at Risk (CMaR) delivery strategy. CMaR is a
type of delivery strategy governed by Section 2269.253 of the Texas Government Code. The CMaR
contractor serves as the general contractor responsible for soliciting and awarding bids to subcontractors.
The CMaR contractor is also involved in the design process. The district has the choice to select a CMaR
contractor utilizing either a one-step or a two-step method. HISD has adopted the use of the two-step
method for its selection process for the 2012 bond program.
Another available delivery method in use by HISD is the Design Bid Build (DBB) delivery strategy.
Otherwise known as the traditional project delivery model, this method requires 100% design drawings
prior to solicitation. At HISD, DBB is also known as competitive sealed proposals (CSP). A CSP is
typically comprised of unit and/or lump sum pricing for a bid line item.
HISD negotiated pricing for the construction with its CMaR contractors at 100% design drawings. If price
negotiations with the CMaR were not successful, HISD had the option to re-bid the projects via CSP.
Supplemental funding
Projects in Group 1 and Group 2 experienced increases in construction cost estimates as the projects
were entering the construction phase. HISD management attributed the increase in the construction costs
to price escalation resulting from increased construction activity in the Houston market following the
approval of the program budget.
In September 2015 HISD developed a revised total program budget of $1.89 billion, representing
additional funding needs of $211 million over the approved bond program budget of $1.68 billion. 2 In
order to address the additional budget needs and still meet overall program objectives, HISD
management developed an additional funding proposal for the HISD Board of Trustees (Board). With its
proposal, HISD management requested the Board to approve $211 million in additional funding to deliver
all projects within the original scope of work approved under the program. The proposal included the
issuance of $200 million in maintenance bond plus $11 million from the reserve fund from the 2007 Bond
construction program to fund the additional monies. HISD management attributed the increase in the
construction costs to inflation resulting from increased construction activity in the Houston market. The
Board of Education approved the proposal for the additional funding on December 10, 2015.
Methodology
We conducted this performance audit in accordance with Generally Accepted Government Auditing
Standards (GAGAS) as promulgated by the Government Accountability Office (GAO). Those standards
require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a
reasonable basis for our comments and conclusions based on the audit objectives. We believe that the
evidence obtained provides a reasonable basis for our comments and conclusions based on the audit
objectives. As such, we followed the requirements of GAGAS and the district with respect to our
methodology, which included the following elements:
Conducting a risk assessment to identify focus areas.
Designing an audit plan based on issues and risks identified in the risk assessment phase.
Conducting fieldwork with detail testing to further assess the risks and carry out our audit plan.
Preparing an audit report for the district based on the results of our performance audit.
We reviewed the districts internal policies, procedures, and documentation of key processes. We
conducted interviews with HISD personnel and other contractors and consultants involved with the 2012
bond program. We reviewed relevant source documentation to gain an understanding of the key functions
of the district as they relate to the scope of this audit and corroborated key interview statements with test
work.
Obtain an understanding of the voter approved 2012 Bond Program and how it relates to the initial
facilities assessment. We performed the following procedures related to project planning, prioritization,
and budget development:
Interview key personnel, including trustees, construction administration and accounting personnel.
Also, interview key consultants and contractors, as necessary.
Review the facilities assessment report and understand how it relates to the projects included in the
Bond Program.
Review the district project prioritization process and evaluating construction needs and project
scoping.
Review Board Oversight Committee (BOC) reports and other project related reports.
Analysis of the of the sale and use of bonds to fund the 2012 Bond Program
Interview key personnel, including trustees, construction administration and accounting personnel
involved with the sale and use of bond funds.
Obtain and reconcile supporting documentation related to the issuance of bonds to the bond
amounts.
Obtain an understanding of the accounting review process to assess project costs are in compliance
with approved use of bond funds.
Evaluate accounting practices and processes related recording and accounting of bond costs.
On a sample basis, test the allowability of cost for various types of transactions in the districts
expenditure report relative to bond stipulations to determine whether costs charged to the bond are
allowable.
Reconcile bond expenditure report to project status update reports and/or other documentation used
by executives and BOC to monitor Program costs.
Analysis of the districts use of leading practices to control cost, limit surprises, accomplish milestones
and meet construction deadlines.
Audit the current cost management process for the Bond Program as a whole and review existing
practices in place within the Construction and Facilities Services (CFS) organization.
Interview key CFS personnel in the construction administration, accounting and, audit personnel.
Also interview consultants and contractors, as necessary.
Evaluate existing Policies and Procedures (P&P) and Standard Operating Procedures (SOP) related
to budgeting, forecasting and cost management.
On a project sample basis, review project documentation related to project budgets, and actual costs
reconciliation, variance analysis and reporting.
On a project sample basis, evaluate underlying assumptions for budget amounts and budget
revisions, including estimated costs to complete.
Obtain an understanding of the audit process to assess contractor cost compliance with contractor
billings.
Analysis of budgetary controls, key assumptions, contingency planning and usage, and inflation impact.
Interview personnel, including estimators, construction administration and accounting personnel.
Also interview key consultants and contractors, as necessary.
Evaluate existing Policies and Procedures and Standard Operating Procedures on estimated total
costs (ETC) development and budget development and management.
Document the process and key assumptions used in establishing baseline project budgets.
Review Board Oversight Committee (BOC) and Program Manager Reports relating to project
budgets.
Attend a sample of weekly Project Review Meetings and evaluate the efficiency and effectiveness of
the process.
Assess the process used by Construction and Facilities resources in evaluating of project budgets
and ETC.
Evaluate a sample of project budgets and analyze assumptions and ETC estimates that are not
immediately clear.
Assess the experience level of the key employees involved with the key estimating efforts.
Methods utilized to identify and remediate construction risks.
Evaluate existing Policies and Procedures and Standard Operating Procedures on risk management.
Review documentation of project risk management plan at the Bond Program level and for a sample
of projects.
Review project risk registers (or similar document) for a sample of projects and assess the risk
analysis process (quantitative and qualitative).
Review documentation on risk mitigation plans for a sample of projects and how the district monitors
and tracks risk resolution for a sample of projects.
Evaluation of various construction contract business models to maximize best value bid.
Evaluate existing district policies and procedures for procurement of construction contractors
including procedures around contractor qualification and selection.
On a sample basis, analyze bid documentation on the procurement plan used for the Bond Program
and evaluate adherence to the plan and leading practices.
Review documentation of solicitation documents (RFP/IFB SOW, Contract Template, RFQ/RFP/IFB
Template, etc.) for a sample of projects.
Review documentation of RFQ/RFP/CSP invitation and distribution for a sample of projects.
Review documentation on bid/proposal normalization process and bid/proposal normalization
documentation for a sample of projects.
Obtain an understanding of the source selection process and documentation for a sample of projects.
Review standard contract templates and evaluate adherence for a selected sample of projects.
Review approval of any modifications to standard contract templates.
Review districts oversight over contractor solicitation activities.
Validation of original scope of work and change order process
Evaluate district policies and procedures around change orders and CFS change order management
practices.
On a sample basis, analyze the change order execution process including pricing, acceptance,
approval and documentation of the change order.
10
11
See Appendix A for a complete list of projects included with each Group.
Report to Houston Independent School District
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well as other applicable governing regulations and procedures. Included, but not limited to those leading
practices, regulations and procedures are:
Texas Government Code
HISD Standard Operating Procedures (SOPs)
Association for the Advancement of Cost Engineering, International (AACEI) promulgated
recommended practices
Construction Industry Institute (CII) promulgated best practices
Elements of budgeting practices for a variety of agencies and school districts previously reviewed by
KPMG
Cause: Although we agree that the main driver of the higher than anticipated construction cost resulted
from the increased construction activity in the Houston market, there were a number of limitations and
constraints in HISDs budgeting processes that contributed to the pricing variances.
Based on our audit, we identified the following contributing factors affecting the voter approved project
budgets. The contributing factors relate to budgets being established based on high level assumptions.
This approach to budgeting is a choice by HISD, who otherwise would risk incurring project planning
costs which may not be recovered if a bond measure does not pass.
13
Project schedules: Project budgets included project reserves, estimated at 5% of the construction
budget, as well as a budget component to cover inflation. At the time the budget was developed,
inflation projections were based on the districts anticipated inflation rate of 5% applied to a 18 27
month range estimate from the time the budget was developed (February 2012) to an estimated bid
date. The table below provides a sample of five projects with the estimated bid dates included in the
budget compared to the actual contract dates.
School
Contract date
Difference
5/1/14
7/27/15
14 months
3/1/14
8/17/15
17 months
5/1/14
12/19/14
7 months
Mandarin K-8
11/1/13
3/2/15
16 months
8/1/13
11/13/15
27 months
Prototype designs: Prototype designs allow for shorter design and construction phases and lower
project costs due to limited changes in the design, among other things. The nature of HISDs projects
located in an urban settings with existing infrastructure does not suit prototype design and thus limits
cost savings opportunities provided by building prototype schools.
Conceptual planning
HISD did not perform a conceptual planning process to evaluate construction projects and conduct
preliminary design activities before budgets were established and presented to voters.
Before employing an architect to design a new school, an essential preceding step is the preparation of
pre-design assessment. This is an analysis and documentation of key aspects of the anticipated building.
It may require the services of architectural and engineering consultants 4. Instead, HISDs planning
activities to define project programs and educational specifications were performed after the budget was
approved. Design and other professional services firms were engaged after the budgets were approved
The purpose of a pre-design assessment (which may be called a number of things) is for example to: define and
identify: the goals of the project; opportunities and constraints of the designated site; key issues influencing the
design; the sizes and design criteria for every room in the building; the limits of the project site and the scope of all
related site improvements, such as roads, landscaping, and utilities; design criteria for all building systems; estimated
construction cost. Faculty, staff and students typically participate in these studies in order to assure that their needs
and goals are incorporated. The assessment serves several key purposes: It forms and documents a consensus
among the project constituency; it supports funding requests; and it guides the architects and engineers who design
the project.
Report to Houston Independent School District
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affecting the development of preliminary designs to assist in the scope and budget development process
of planned projects.
Embarking on a more detailed design prior to bond approval is costly and although such an effort
normally is expected to produce better defined cost drivers and variables, the district risks not being able
to recuperate those costs if a bond does not pass.
15
Based on our audit, the contractor bid evaluation and normalization paper work was often very difficult to
understand. Reliance was placed on the CMaR contractor to conduct the evaluation and provide a
recommendation without sufficient scrutiny by HISD. As a result, auditing the basis for award and
documenting the reason for the cost overrun was not always possible. Based on the inherent limitations in
the supporting bid documentation, we could not conclude that HISD always obtained the best value for
each trade contractor that was selected. Additionally, there were, at times, single bidders price accepted
without an explanation and justification. Lastly, we did not observe any follow-up of non-bidding
subcontractors in order for HISD to understand the reason for not bidding which can aid HISD in the
future to better formulate its contracting strategies. (Subcontractor bid oversight by HISD is discussed in a
separate observation within this report.)Effect: As a result of the limitations to the HISD budgeting
process and bid evaluation practices in combination with unprecedented market escalation, the original
project budgets were not representative of actual conditions and resulted in additional costs. It is
important to note that the request for additional funds does not indicate waste or mismanagement of
taxpayer funds, but rather indicates that the initial budget was based on what was later proven to be
unrealistic assumptions.
Recommendations
1a. HISDs Board should consider approving budgets for conceptual planning activities including
preliminary project design before project/program budgets are finalized and presented for Board
approval. Policies and procedures to capture pre-construction costs need to be developed and
implemented to establish a control structure over this process, if it is an elected option.
1b. HISD should perform a project-by-project scope and budget analysis instead of applying a limited
number of variables and assumptions across the population of proposed projects. Contingency
amounts should be reflective of the budget uncertainty and should be reviewed and adjusted as the
scope and budget are refined.
1c. HISD should consider other factors that drive costs higher such as sustainability, collaborative
learning spaces, technology, etc. and incorporate allowances for those factors into the budget
development process.
1d. HISD should consider limiting design choices when involving members of the project stakeholder
groups to participate design decisions in order to retain efficiency in the design process and to limit
overall cost impacts.
1e. If cost is a primary key performance indictor for HISD, HISD should consider adopting standardized
elements of school design to allow for shorter design and construction phases and lower project
costs. This can be particularly useful for elementary schools.
Management Response
Management agrees with the finding that increased construction activity in the Gulf Coast area, and the
resulting market conditions, were the primary driver affecting project costs. Management agrees in part and
disagrees in part with the recommendations regarding other factors that potentially influenced project budgets.
While Management recognizes that it is possible to procure and retain architects to perform programming and
preliminary project design services prior to voter approval, such a practice would, as KPMG points out, subject
the District to certain risks. First, in the event a bond referendum fails, the planning and design costs expended
could not be reimbursed from bond proceeds. Management is also aware that certain school districts that have
hired design professionals and proceeded with preliminary design activities in advance of a voter election have
been criticized as appearing presumptuous and premature in the expenditure of taxpayer funds. If, however,
the Board of Education opts to approve the procurement of and funding for architectural services prior to a
bond election, Management agrees that such measures would enable preliminary budgets to reduce the need
Report to Houston Independent School District
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for design assumptions and include upfront input from stakeholder groups. Management also agrees that, in
the absence of such pre-election design services, contingency budgets should be higher to reflect the budget
uncertainty, and adjusted as design and budget are later refined.
Management agrees that the role of project advisory teams (PATs) should be limited to recommendations and
feedback, rather than active input into design decisions.
With respect to KPMGs recommendation that HISD adopt standardized elements for school design, HISD
has adopted uniform Educational Specifications and Design Standards for its facilities, including standards for
sustainability, collaborative learning and technology. Such considerations were accounted for in the 2012 bond
budgets. That said, as pointed out by KPMG, a district such as HISD is limited in its ability to standardize all
aspects of its campus designs, due to the urban environment in which HISD projects are constructed and the
unique pre-existing conditions of each site. Unlike rural and suburban school districts, where the districts have
flexibility to standardize the size and site layout of new campuses and the attendant placement of road and
utility infrastructure, urban landlocked school districts do not have the same flexibility. HISD must therefore
tailor the design of each newly constructed campus within the constraints of the conditions of the existing site,
making overly standardized, uniform or prototype designs not feasible.
Managements response to KPMGs observations related to bid evaluations is more fully addressed in
Management Response to finding #4.
Action Items: As finding #1 relates to pre-election and budget planning matters, no action is warranted.
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18
development), conflict of interest, cost reporting, cost forecasting, risk management or approval authority,
for example. 5
Criteria: Leading practices in policies and procedures were reviewed and considered during this analysis.
The policies and procedures were compared against leading practices employed by KPMG, other
organizations, and governmental agencies. Included, but not limited to those leading practices are:
Project Management Institute of America (PMI)
Construction Management Association of America Construction Management Standards of Practice
Construction Industry Institute (CII) Best Practices
American Institute of Architects, The Architects Handbook of Professional Practice
Elements of policies and procedures for a variety of agencies previously reviewed by KPMG.
The prevailing industry standards on policies and procedures prescribe the following key elements of an
effective procedure:
The procedures identifies who is responsible, accountable, consulted, and/or informed.
The procedure includes clear objectives and detailed instructions on how to perform the task.
The procedure states when the tasks needs to take place.
The procedure includes references to relevant forms and documents.
The procedure includes graphic diagrams and or business process flow charts.
The procedure prescribes records retention and document update requirements.
The procedure is maintained, updated, and issued by a centralized function.
Procedure update notifications are generated and distributed automatically through a Project
Management Information System (PMiS) or other leading document repository system.
End users are involved in developing procedures.
Superfluous terms such as may, should, as applicable, and as necessary are avoided and replaced
with clearly defined requirements.
We encourage HISD to consider these key elements as they approve and formalize versions of their
policies and procedures.
HISD management recognizes that the current SOPs are not finalized and that weaknesses and
deficiencies may exist.
Cause: HISD experienced high turnover at the senior management level which resulted in construction
management practices changing with the changes in personnel and the SOPs not being continually
updated and refined. Since several of the key SOPs were not implemented until 2014, it was not possible
for CFS team members to follow them until this time. At present time, the current CFS leadership do not
have time or resources to accomplish this task.
Effect: If policies and procedures are not documented, adhered to, clearly communicated, and audited for
compliance, there is a potential for a lack of consistency and baseline to measure project performance.
5 KPMG is not identifying a complete list of HISDs SOPs that need improvement in this report. We reviewed a
limited number of SOPs from which we could draw our conclusions.
Report to Houston Independent School District
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As evidenced by our audit results, HISDs opportunities for improvements identified in this report
correspond to areas where no or limited systematic instructions exist for construction administration
personnel to follow.
Lack of formally documented procedures may result in:
Program Managers (PMs), Construction Managers at Risk (CMaRs) and Architects performing similar
tasks in different ways which leads to organizational confusion and disorganization and reduced
accountability.
Inaccurate estimates, poor cost control, and unreliable forecasts.
Weak procurement management controls that do not cover end to end solicitation to award process.
Lack or limited visibility into major project issues, scope creep, unnecessary project risks, and cost
overruns.
Lack of integrated procedures, tools, methods and organization needed to timely complete the
program.
Recommendation
2a. HISD should dedicate resources to finalize their Standard Operating Procedures manual covering all
critical project and/or program delivery areas. HISD should prioritize their effort based on criticality of
the SOPs and the status of key milestones within the bond program. Examples of process areas
where focus should be initially placed to effect the future activities of the program include:
Quality control in the subcontractor bid process
Evaluation of CMaR proposals on self-performed work
Risk and contingency management
Cost reporting
Cost forecasting
Cost variance analysis
Approval authority matrix
Management Response
The topics listed above are already addressed in HISDs standard contract documents with its program
managers, design professionals and contractors. However, Management agrees that all existing
procedures pertaining to the above topics should be consolidated into an SOP manual that HISD can
utilize for program oversight and enforcement, and to ensure uniform cost reporting, forecasting and
analysis activities among HISDs various bond-related vendors.
Action Item: HISD will identify the list of SOP sections needed to satisfy the above audit
recommendations within 45 days.
20
Recommendation
3a. HISD should consider conducting an internal organizational assessment of its CFS organization and
create an organizational document that aligns with its bond program goals.
21
Management Response
Management agrees with this finding and has implemented a restructuring of the department. This new
organizational structure has eliminated departmental layers and silos, which in turn, has streamlined a
number of processes and created a clear structure of accountability.
Action Item: No additional action necessary.
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We believe HISDs policies and procedures governing the solicitation and selection process of
subcontractors by the CMaR do not meet leading practices as they do not promulgate critical review by
HISD to help ensure that best value is achieved. Among other things:
HISD does not have a formal policy or procedure around procurement activities or defined internal
requirements for CMaRs around the subcontractor solicitation and selection process. HISDs CMaR
contracts include provisions for the CMaR contractors responsibility related to compliance and
accountability.
HISD does not have a minimum bid requirement that CMaRs need to comply with during the
subcontractor bid solicitation process.
HISD does not require CMaRs to complete Conflict of Interest Forms or disclose bid activity from
affiliated parties.
HISD does not document its participation in the subcontractor bid receipts and tabulations of
subcontractor bids.
HISD does not perform an evaluation of best value when CMaRs bid to self-perform a portion of the
work.
Subcontractor bid evaluations and normalizations 6 were not consistently documented. Many
evaluations contained unexplained plug numbers and amounts that did not consistently reconcile
back to underlying subcontractor bid documentation.
HISD does not regularly follow up with non-bidding subcontractors to gain an understanding of why a
bid was not submitted.
Criteria
Texas Government Code Section 2269.251, 2269.253
HISD CH Legal and CH Local policies
Association of General Contractors of America, Construction Manager at Risk A reference guide for
Texas K-12 Educational Construction Projects
Joint Committee of the Associated General Contractors of America, Houston, TX, Construction
Manager at Risk, a Reference Guide for Texas K-12 Educational Construction Projects
Elements of policies & procedures and leading practices for a variety of agencies previously reviewed
by KPMG.
Effect: In a construction market with high owner demand for skilled labor and many competing projects
for subcontractors to bid on, it becomes crucial for an owner to reach out to the contracting community
and establish itself as an attractive owner. It is of equal importance that the owner dedicate sufficient
resources to identify and avoid unnecessary charges and inflated costs that may be proposed by
subcontractors.
Using additional delivery and contracting methodologies, such as establishing a CMaR at 60%-70% of
design, will provide more options to facilitate a better overall program delivery strategy for HISD. As a
result, HISD may realize cost savings and/or enjoy pricing certainty earlier in the delivery process in a
The process of reducing of a group of bid responses to common set of dominators is generally referred to as bid
normalization. Normalization facilitates the bid evaluation process by establishing a baseline for comparing
individual components across all responses.
24
construction market where pricing escalation is a concern. We recognize there are positive as well as
negative aspects with every delivery methodology, however, critically considering all options and adapting
along the way will provide increased flexibility for HISD.
As a result of insufficient policies and procedures governing the solicitation and selection process of
subcontractors and the lack of a fair and critical review process documented by HISD to help ensure best
value is achieved, HISD is risking:
Inconsistent practices by the different parties involved in the program, which compromises the
integrity of pricing and subcontractor selection process,
Lack of transparency that could impact the contractor pool bidding on district projects resulting in
decreased competition and higher prices,
Lack of accountability from process owners as roles and responsibilities are not clearly defined,
Highly subjective, convoluted and unbalanced evaluations which can be used to manipulate the bid
scores, and
Misevaluated subcontractor proposals, which may lead to bid protests and result it lengthy and costly
legal proceedings.
Recommendation
4a. HISD should consider additional delivery and contracting methodologies to supplement its current
bond program selections of CMaR (GMP currently negotiated at 100% design), and CSP. HISD
should consider negotiating the project GMP at 60% - 70% design.
4b. HISD should consider documenting their internal quality assurance oversight role in the
subcontractor bid evaluation practices in a formal district policy and procedure. The document
should:
Define a minimum number of subcontractor bidders a CMaR is required to receive when bidding the
work. If a CMaR received less than the minimum number of bids, a justification should be provided.
Define the minimum requirements and criteria that CMaRs need to include in their review process.
Define standard criteria and format to evaluate subcontractor bids so that highly different formats
and bid contents are avoided and a straight forward bid normalization is facilitated.
Require CMaRs to provide notification of intent to self-perform any portion of the work individually
or through an affiliate and/or provide Conflict of Interest Waivers.
Define a process to evaluate best value when CMaR bids to self-perform work.
Define a process for following up with subcontractors.
Management Response
With respect to recommendation 4a. Management disagrees that HISD should utilize any contracting
methodology other than CMaR and CSP for its major bond projects. The only other construction
contracting methods legally available to school districts are competitive bidding (lowest responsible bidder
with no ability to negotiate), design-build (contracting with a single entity or team who performs both
design and construction), and job order contracting. Management does not believe that competitive
bidding or design-build would result in best value for HISD, and such methods are rarely ever used by K12 public school districts for capital bond projects. While the job order contracting method may have
limited applicability and value for certain minor construction, renovation or repair projects initiated by CFS,
it is not a legally permissible method for large capital projects. Management would not, therefore,
recommend that the district deviate from the methods (both CMaR and CSP) that HISD has already
Report to Houston Independent School District
25
designated for the current bond projects. For future projects, Management will continue to recommend
only the CMaR or CSP methods, unless the unique nature of a given project lends itself to consideration
of an alternative method.
Management agrees with the recommendation contained in 4a. above concerning negotiation of a
Guaranteed Maximum Price (GMP) with the districts CMaR firms at 60-70% design, however HISD will
face both market-driven and logistical challenges if it elects to implement such a requirement at this point
in the bond program. Management recognizes and agrees that outside of the K-12 construction industry,
the typical practice is to obtain a GMP from a CMaR at 6070% design. In a market where this is
standard practice, there is a potential for cost savings. Unfortunately, however, virtually all K-12 school
districts in the Gulf Coast area utilize the same practice as HISD, which is to negotiate the GMP at 100%
design, and after the procurement of subcontractors. As a result of this prevailing practice in the K-12
construction industry, the pool of CMaR firms that serve Texas K-12 school districts area are highly and
collectively - resistant to proposing a GMP earlier in the design phase and prior to the solicitation of
subcontractor bids. It has been reported by representatives for other Texas school districts that, when
forced to do so at earlier stages of design, CMaRs typically offer inflated GMPs to protect themselves
from the risk and uncertainty of remaining design activities and subcontractor bidding results. If one of
HISDs CMaR refuses to negotiate a GMP earlier in design phase, or fails to offer an acceptable GMP,
HISD will have only two options: either (1) agree to accept a higher GMP and hope that the eventual
actual costs of construction will be lower than the negotiated GMP, or (2) if HISD is unable to negotiate an
earlier and reasonable GMP with the a CMaR, terminate the CMaRs contract and rebid the project under
the Competitive Sealed Proposal method. Should the Board direct the Administration to implement the
practice recommended by KPMG, Management is willing to do so, and will have to the weigh the risk of
project delays (and any additional cost resulting therefrom) against the potential cost savings to be
realized by terminating a CMaR and rebidding the project as a CSP to obtain a new general contractor.
Management agrees with the recommendations contained in 4b. above, concerning the need for
additional oversight into the Construction Managers subcontractor bidding process in certain areas.
HISD is in the process of completing development of its Standard Operating Procedures, which will
include procedural requirements for all CMaR firms in connection with the subcontractor bidding process.
HISD does, in its construction contracts, require its CMaRs to comply with all statutory requirements
associated with the subcontractor bidding process and the performance of self-performed work by the
CMaR. Additionally, HISD does, in practice, require CMaRs to provide advance written notice to HISD of
its intent to self-perform work. However, Management agrees that additional oversight and uniform
procedural requirements relating to such activities could minimize cost variances resulting from each
CMaRs potentially varying approach to subcontractor procurement solicitation and evaluation. HISD will
work to develop such policies in a manner that requires more oversight and uniformity in the process,
while not unlawfully infringing on the CMaRs statutory right and obligation to conduct the subcontractor
procurement process itself.
Action Item: HISD will await direction from the Board of Education as it relates to the implementation of a
practice to require GMPs earlier in the project design phase, and is willing to engage in further
discussions with the BOE regarding the pros and cons of implementing such practice for any future bond
CMaR contracts. HISD will identify the list of SOP sections needed to satisfy the above audit
recommendations within 45 days.
26
27
Similarly, HISDs reporting on schedule is limited and shows the most current high level target schedule.
A better measure of progress should include the original baseline schedule compared to the most current
schedule.
The bond management office works closely with the Office of Bond Fund Accounting in monitoring and
tracking project costs but there are no formal processes to produce periodic reports on project cost
variances. The Office of Bond Fund Accounting produces ad-hoc reports on an as requested basis for the
bond management office.
Contingency management
There are currently no HISD policies and procedures on contingency management with the exception of a
draft policy Contingency Allowance Expenditure 1.09.08 which discusses utilizing a portion of the
contingency included in the general contractor (GC) or CMaR contracts. Project policies and procedures
documents should address the different kinds of contingencies, how they are established and valued, the
need for allowances, who controls them, and what should happen to them if they are not expended. They
should also include precise and consistent definitions for terminology. The term contingency in particular
needs a consistent definition, as it often means different things to different people.
Criteria
HISD Standard Operating Procedures
AACE International promulgated Recommended Practices
Construction Industry Institute (CII) promulgated Best Practices
Project Management Institute of America (PMI)
Elements of budgeting practices for a variety of agencies and school districts previously reviewed by
KPMG
Construction Management Association of America, Construction Management Standards of Practice
Cause: As previously mentioned, HISD experienced high turnover at the senior management level which
resulted in construction management practices changing with the changes in personnel and the SOPs not
being continually updated and refined. Since several of the key SOPs were not implemented until 2014, it
was not possible for CFS team members to follow them until this time. At present time, the current CFS
leadership do not have time or resources to accomplish this task.
Effect: Without a process in place to adequately consider and estimate the costs to complete (ETC), the
financial health of individual projects and thereby the entire bond program may be incorrectly represented
and unfavorable trends and budget overruns may not be identified in a timely manner.
A robust policies and procedures around the districts forecasting processes such as variance reporting
and cost forecasting will allow the bond management office to evaluate savings and needs on a project by
project basis allowing them to reallocate funds, as needed, to maintain the overall program budget. As
provided in the guidance in SOP 2.04.01, identified savings should be returned to the bond program, not
the individual facility.
Without leading practices in place for project cost estimating, variance analysis, contingency
management and reporting, HISD is risking:
Inconsistent application of existing district practices by the different parties involved in the program.
Limited visibility into estimated costs at completion limiting managements ability to implement
mitigating strategies in a timely manner.
Report to Houston Independent School District
28
Stakeholder distrust when project variances or program adjustments are communicated without
previous communication or visibility into the project or program issues.
Recommendations
5a. HISD and the BOC should consider expanding the BOC reports to include initial budget, revised
budget, current costs, commitments, and EAC. These metrics should be reported by project, by
budget category (construction, contingency, design, program costs, furniture fixtures and equipment
(FFE) and technology equipment). Any variances and changes from previous reporting period
(preferably each month) should be discussed, explained and thoroughly justified in the report.
5b. HISD and BOC should also consider including the original baseline schedule compared to the most
current schedule in the reports presented to the constituents. Any variances and changes from
previous reporting period should be discussed, explained and thoroughly justified in the report.
5c. As part of enhancing its policies and procedures, HISD should consider developing and
implementing policies and procedures for cost estimating, cost variance analysis, contingency
management and reporting.
5d. HISD should consider developing standardized project reporting template that all project managers
must use to report on project related matters including a standard schedule for the project status
reporting to the bond management office.
Management Response
Management agrees with the above recommendations and is in the process of implementing more
effective forecasting tools and templates that will enable HISD to prepare more detailed, frequent and
expanded reporting, as appropriate, between various parties and stakeholders.
Action Item: Management intends to have the additional reporting capabilities and templates available by
the October 2016 BOC meeting.
29
Appendices
30
Appendix A
Supplemental Bond
Funding
31
Appendix A
CONSTRUCTION
Original Total
Project Budget
Original
Construction
Budget
Inflation and
Proportional
Proposed Revised
Reserves
Funding
Construction
allocated to Distribution Based
Budget (Column B
Original
on Original
+ Column C +
Construction
Construction
Column D)
Budget
Budget
Proposed Revised
Total Project
Budget (Column A
+ Column D)
64,512,000
16,225,000
55,100,000
14,825,000
80,178,000
73,801,000
32,161,000
23,417,000
28,675,000
68,810,000
13,500,000
54,944,000
13,500,000
72,304,000
30,115,000
51,732,000
30,180,000
41,483,501
9,447,498
29,792,812
8,816,000
48,397,050
43,626,429
19,138,988
13,920,000
16,328,160
40,162,694
7,200,000
34,166,925
7,200,000
41,198,668
18,116,239
29,975,845
16,773,441
5,581,920
1,787,432
9,448,811
1,394,635
10,585,997
9,194,086
3,563,640
2,758,814
3,342,402
8,069,639
1,549,221
5,350,098
1,549,221
10,373,184
3,022,485
6,767,706
3,602,248
8,863,862
2,018,666
6,365,889
1,883,732
10,341,093
9,321,745
4,089,465
2,974,314
3,488,870
8,581,642
1,538,438
7,300,515
1,538,438
8,803,001
3,870,933
6,404,998
3,584,014
55,929,283
13,253,596
45,607,512
12,094,367
69,324,140
62,142,260
26,792,093
19,653,128
23,159,432
56,813,975
10,287,659
46,817,538
10,287,659
60,374,853
25,009,657
43,148,549
23,959,703
73,375,862
18,243,666
61,465,889
16,708,732
90,519,093
83,122,745
36,250,465
26,391,314
32,163,870
77,391,642
15,038,438
62,244,515
15,038,438
81,107,001
33,985,933
58,136,998
33,764,014
106,724,000
46,764,000
59,125,000
10,875,000
107,974,000
29,485,000
59,481,000
64,708,764
26,600,884
35,294,856
4,940,000
64,418,950
17,525,453
34,614,584
11,885,555
5,449,507
6,556,900
2,377,600
11,972,378
3,266,070
7,788,880
13,826,450
5,683,864
7,541,522
1,055,540
13,764,525
3,744,698
7,396,167
90,420,769
37,734,255
49,393,278
8,373,140
90,155,853
24,536,221
49,799,631
120,550,450
52,447,864
66,666,522
11,930,540
121,738,525
33,229,698
66,877,167
26,632,000
36,693,000
101,428,000
27,159,000
15,755,841
21,461,136
60,649,140
17,419,606
2,946,350
4,305,360
11,253,326
2,740,908
3,366,582
4,585,643
12,959,022
3,722,082
22,068,773
30,352,139
84,861,488
23,882,596
29,998,582
41,278,643
114,387,022
30,881,082
68,429,000
26,678,000
1,125,000
17,000,000
82,736,000
7,989,000
12,566,000
6,125,000
40,006,000
14,225,000
14,225,000
35,603,000
18,914,000
39,899,550
15,183,862
706,893
10,167,706
47,765,288
3,840,000
7,354,863
3,866,127
22,686,890
8,187,500
8,187,500
18,928,600
12,522,720
7,541,235
2,921,479
126,527
1,886,257
11,196,861
839,519
1,369,967
689,745
4,376,882
1,562,500
1,562,329
5,251,047
61,992
8,525,416
3,244,366
151,043
2,172,554
10,206,104
820,500
1,571,528
826,083
4,847,553
1,749,439
1,749,439
4,044,511
2,675,754
55,966,201
21,349,707
984,463
14,226,517
69,168,253
5,500,019
10,296,358
5,381,955
31,911,325
11,499,439
11,499,268
28,224,158
15,260,466
76,954,416
29,922,366
1,276,043
19,172,554
92,942,104
8,809,500
14,137,528
6,951,083
44,853,553
15,974,439
15,974,439
39,647,511
21,589,754
Totals
District-Wide Projects
1,681,940,000
208,060,000
988,430,963
197,870,713
211,200,000
1,397,501,676
1,893,140,000
208,060,000
1,890,000,000
2,101,200,000
September 2015
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