Procurement Strategy Transport Assets - Wellington City Council
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Procurement Strategy Transport Assets – Wellington City Council March 2010
Table of Contents 1 Executive Summary ............................................................................................4 1.1 Statement of Goals/Objectives .....................................................................4 1.2 Summary of Work Programme .....................................................................4 1.3 Summary of Procurement Environment .......................................................4 1.4 Summary of Approach to Work Programme.................................................5 1.5 Endorsement and Approval of Strategy........................................................5 1.6 Strategy Status/Ownership...........................................................................6 2 Context .................................................................................................................7 2.1 Goals and Objectives ...................................................................................7 2.1.1 Council requirements................................................................................7 2.1.2 Legislative framework...............................................................................9 2.2 Procurement Goals and Outcomes ..............................................................9 2.2.1 Subsidy Qualifying Outcomes ................................................................10 3 Procurement Environment ...............................................................................11 3.1 Programme.................................................................................................11 3.1.1 Segmentation .........................................................................................11 3.1.2 Term Maintenance Service Contracts ....................................................11 3.2 Supplier Market ..........................................................................................12 3.2.1 Physical works........................................................................................12 3.3 Current Spend ............................................................................................13 3.3.1 One-off Projects......................................................................................14 4 Delivering the Work Programme ......................................................................14 4.1 Introduction.................................................................................................14 4.1.1 General...................................................................................................14 4.1.2 Management...........................................................................................15 4.2 Programme Implementation .......................................................................15 4.2.1 Introduction.............................................................................................15 4.2.2 Professional Services .............................................................................15 4.2.3 Term Maintenance Contracts .................................................................15 4.2.4 Summary – Delivery Models and Supplier Selection..............................19 4.3 Communication Strategy ............................................................................20 4.3.1 Internal Stakeholders..............................................................................20 4.3.2 Other Approved Organisations ...............................................................20 4.3.3 Supplier Market ......................................................................................21 4.3.4 NZTA ......................................................................................................22 4.4 Performance Management and Success Measures...................................22 4.4.1 Physical Works Contracts - Maintenance...............................................22 4.4.2 Physical Works Contracts - Other ..........................................................22 4.4.3 Market.....................................................................................................23 4.4.4 Professional Services .............................................................................23 5 Internal Capability and Approval of the Procurement Strategy ....................23 5.1 Description of Current State and Desired State .........................................23 5.1.1 Structure Roles and Responsibilities of Procurement Team ..................23 5.2 Plan to Fill Capability Gap ..........................................................................24 5.3 Process to Approve Procurement Strategy ................................................25 5.3.1 Internally .................................................................................................25 5.3.2 NZTA Endorsement................................................................................25 5.3.3 Procurement Strategy Review................................................................25 6 Implementation Plan .........................................................................................25 7 Appendices ........................................................................................................26 7.1 Council Procurement Standard (Pre-tender extract) ..................................31 Scoping the Procurement ....................................................................................35 Wellington City Council Procurement Strategy – Transport Assets Page 2 of 67
Planning the Procurement ...................................................................................39 7.2 Section 25 LTMA 2003 ...............................................................................45 7.3 3 Year Capex Transport Programme (2010/11, 2011/12, 2012/13) ...........46 7.4 3 Year Opex Transport Programme (2010/11, 2011/12, 2012/13).............56 7.5 Project Procurement Summaries................................................................64 Wellington City Council Procurement Strategy – Transport Assets Page 3 of 67
1 Executive Summary 1.1 Statement of Goals/Objectives The Council’s procurement standard, and s25 of the Land Transport Act 2003 provide the basis on which this strategy is written; least whole-of-life asset cost, best value for money spent. This includes:- • Robust asset management planning and sound maintenance strategies leading to least whole of life asset costs • Effective and efficient asset management processes • Retention of adequate in-house skills, experience and expertise to enable staff to knowledgably and authoritatively communicate with both contractors and professionals • Competent, competitive and enduring supplier market • Long term constructive relationships with high performance suppliers • Environmentally responsible and sustainable decision making • Contract documentation appropriate, complete/thorough, unambiguous, professional, comprehensible, and legally enforceable. This Procurement Strategy sets out how the Council intends to achieve value for money in purchasing services for its roading infrastructure assets. 1.2 Summary of Work Programme The current programme of works is setout in the 2009-2012 Land Transport Programme. Maintenance and renewal works for the Land Transport Programme through to July 2013 have been procured under 3 term service contracts. Some upgrade works are also included in the scope of these contracts. Road asset works that do not fall within the scope of these contracts will be procured under separate contracts. 1.3 Summary of Procurement Environment The procurement environment includes the Council, its suppliers (physical works and professional service providers), funding agencies and other Approved Organisations. The Council has retained its in-house professional services capability to undertake routine engineering services. For non-routine, non-repetitive engineering services, the Council engages external professional service providers. The Council has also retained stand alone physical works business units, principally for the maintenance and care of the Council’s assets such as parks and gardens, open space maintenance, and landfill operations. The physical works business units may bid for works within their capability (such as street cleaning), offered by the Council on the open market. Wellington City Council Procurement Strategy – Transport Assets Page 4 of 67
The Council and other Approved Organisations in the region currently experience no shortages of external suppliers. There are no monopoly suppliers, and competition across both the physical works and professional service markets is strong. In the foreseeable future, the Council’s shrinking capital works and upgrade programmes may contribute to a reduction in the number of suppliers in the market, particularly in relation to professional engineering services. Oil prices will continue to fluctuate, which for the roading programme will have a direct bearing on the volume of work undertaken. 1.4 Summary of Approach to Work Programme The bulk of the city’s roading maintenance and renewal is undertaken under term service contracts. The city’s roading network has been divided into two areas. A roading maintenance and renewal contract has been let for each of these areas for the bulk of the road and footpath works. Each contract has an initial term of 3 years with a 2 year right of renewal. If the renewal options are exercised, the contracts will be next tendered to commence in July 2013. These contracts, with a collective annual value of $19M per year are managed by the in-house engineering business unit. Two smaller term service contracts have been let for cleaning and vegetation works within the city’s road reserves. The Council may rationalise the number of term service contracts so that on their renewal, the smaller contracts could be incorporated into the larger ones, or alternatively some of the conflicting elements in the larger contracts may be incorporated into the smaller contracts. This will remove some of the responsibility overlaps that currently exist, particularly in relation to drainage maintenance, and the clearing of carriageway slip debris and general detritus. The Council also calls term service tenders for street light maintenance and for traffic signals maintenance. Professional services for works on the Land Transport Programme outside the scope of these term service contracts are provided by a mix of internal and external resources. External professional suppliers are engaged for those specialist services beyond the capability or capacity of the in-house resource. For physical works beyond the scope of the term service contracts, separate contracts are let. Such works include construction of retaining structures, safer roads projects, minor structures etc. Some of these are below the NZTA threshold of $100,000 for direct appointment, and most are below the $200,000 threshold for closed tender. These are delivered as “staged” contracts (refer NZTA definition). These limits are higher than the Council’s standard limits, however the Council’s Management Board has granted prior approval to use the NZTA limits for work referred to within this Strategy. 1.5 Endorsement and Approval of Strategy This Strategy requires the approval of the Director Infrastructure and the Chief Executive Officer representing the Management Board. Following that approval, the Council will seek endorsement from NZTA. Wellington City Council Procurement Strategy – Transport Assets Page 5 of 67
At this stage the Council is not seeking any exemptions or variations to the NZTA procurement manual rules, or approvals of advanced or customised procedures or of customised supplier selection methods. At each review of this Strategy, the need for exemptions or variations will be reconsidered, and if market conditions or other such factors change, then the Council will consider whether best value for money can be achieved through the use of an advanced component. If so, a reviewed and amended Procurement Strategy will be submitted to NZTA for endorsement. 1.6 Strategy Status/Ownership This document applies to all Council purchasing relating to NZTA subsidised works – both physical and professional services. It complies with the Council’s Procurement Policy and Standard. Wellington City Council Procurement Strategy – Transport Assets Page 6 of 67
2 Context 2.1 Goals and Objectives 2.1.1 Council requirements The Council’s vision is for Wellington to be a vibrant, internationally competitive and affordable city1 The Council has developed both city and organisational strategies. For the city by Strategy Area, the seven Strategies and Aims supporting the Council’s vision are:- Strategy Area Council Aim Urban Development A compact, vibrant, attractive city Transport Providing quality connections Governance Delivering trust and confidence in civic decision-making Environment Protecting and enhancing Wellington’s environment Economic Development Supporting growth to enhance quality of life Cultural Well-being Shaping Wellington’s unique cultural identity Social and Recreation Strong, safe, healthy communities From these strategies, the Council expects the following 13 outcomes for the city:- 1. More liveable 2. Stronger sense of place 3. More compact 4. More eventful 5. More inclusive 6. More actively engaged 7. Better connected 8. More sustainable 9. Safer 10. Healthier 11. More prosperous 12. More competitive 13. More entrepreneurial and innovative In consultation with the communities, for the Transportation Strategy Area, the community has expressed an expectation for the following outcomes2:- 1 LTCCP 2009-19 page 5 2 LTCCP 2009-19 Page 177 Wellington City Council Procurement Strategy – Transport Assets Page 7 of 67
Community outcomes – Transportation Strategy Area:- 1. More sustainable - Wellington will minimise the environmental effects of transport and support the environmental strategy 2. Wellington’s transport system will be designed to meet the needs of its people efficiently and sustainably 3. Wellington’s public transport system will be accessible and affordable for all 4. Wellington will be pedestrian and cyclist friendly 5. Wellington’s traffic will flow smoothly through and around the city and its suburbs 6. Links by land, air and sea will meet the needs of people and enterprises 7. Wellington will have clear directional signage The Council has expanded its transportation outcomes to meet the communities’ expectations as follows:- Council Outcome Transportation related outcome More Liveable Wellington will be a great place to be, offering a variety of places to live, work and play within a high- quality public environment Better Connected Wellington will have a highly interconnected public transport, road and street system that supports its urban development and social strategies More Sustainable Wellington will minimise the environmental effects of transport and support the environmental strategy Safer Wellington will seek to improve the safety and security of its citizens as they move around the city and region Healthier Wellington’s transport will contribute to healthy communities and social interaction More Prosperous Wellington will have a coherent and efficient transport system that aids economic development 3 3 LTCCP 2009-19 page 177 Wellington City Council Procurement Strategy – Transport Assets Page 8 of 67
2.1.2 Legislative framework The key legislation, regulations, authorities and national strategies relevant to the management of the transportation activity are listed and briefly expanded upon in the Council’s current Transport Asset Management Plan. These include:- Land Transport Management Act 2003 Land Transport Management Amendment Act 2004 Local Government Act (LGA) 2002 Local Government (Rating) Act 2002 Resource Management Act 1991 Building Act 1991 Health and Safety in Employment Act 1992 Civil Defence Emergency Management Act 2002 Public Works Act 1981 New Zealand Transport Agency (National Strategy) Road Safety to 2010 National Transport Strategy Regional Land Transport Strategy 2.2 Procurement Goals and Outcomes The Council has a comprehensive procurement policy and procurement standard, copies of which are contained in the appendices to this procurement strategy. Both are also available to Council staff via the Council’s intranet. The Council’s Procurement Policy contains a number of the goals and outcomes required of the procurement strategy. Specifically:- “Sustainable business practice Best value for money over whole of life Open and effective market competition Full and fair opportunity for domestic suppliers Improving electronic business capabilities, including e-commerce Demonstrating compliance with good practice and government guidelines” The Procurement Policy objective areas are:- “Sustainability Best value Preferred suppliers Syndicated procurement Fair and transparent Local supply Well planned and executed Technology and best practice Risk management Delegations Compliance” The Procurement Policy included in the Appendices expands on each of these objective areas. The procurement standard is designed to support the Council achieve its strategic objectives by delivering the following supply related benefits:- Wellington City Council Procurement Strategy – Transport Assets Page 9 of 67
Security of supply Lower costs Reduced risk Improved quality Greater added value Increased efficiency Innovation This procurement strategy and the Council’s procurement standard complement each other in addressing the Council’s purchasing requirements (including NZTA subsidy-qualifying services). 2.2.1 Subsidy Qualifying Outcomes Section 25 of the LTMA requires the following factors to be addressed in the procurement strategy, all of which are inferred in the Council’s procurement policy:- Best value for money spent Desirability of enabling persons to compete fairly where 2 or more persons are willing and able to provide the outputs Desirability of encouraging competitive and efficient markets for the supply of the outputs NZTA has a number of procurement procedures, each with its own set of rules. The following 2 procurement procedures apply to the purchasing of services within this strategy:- 1. Infrastructure 2. Planning and advice “The Infrastructure procurement procedure covers those activities involving the purchase of:- New infrastructure or additions or improvements to existing infrastructure Renewal of infrastructure assets The maintenance and repair of existing infrastructure assets to restore their functionality to original levels The operation of those assets in a way that optimises the benefits derived from them. Typical examples include:- New roads and bridges Additions or improvements to existing road infrastructure Renewal of road pavements and resurfacing Maintenance and repair of infrastructure assets, which are often routine in nature and delivered under a term service contract” “The Planning and Advice procurement procedure covers the selection and engagement of suppliers to carry out professional services that are not directly related to expenditure on physical infrastructure or public transport services. Typical examples include:- Wellington City Council Procurement Strategy – Transport Assets Page 10 of 67
Travel behaviour change studies and strategies Traffic count surveys Initial investigations of infrastructure development proposals” The Planning and Advice procurement procedure does not apply to the use of in- house professional services that have NZTA’s prior approval. 3 Procurement Environment 3.1 Programme 3.1.1 Segmentation All Council expenditure is managed under a system of Capex and Opex projects. Each year the Council prepares project budgets for the Land Transport Programme (LTP) and other works not related to the LTP. Contracts let by the Council may include one or more projects. The road maintenance term service contracts include many projects, both Capex and Opex. Information on the Council’s works programmes is contained in various plans, including the Annual Plan, the Council’s Long Term Council Community Plan (LTCCP) and the Asset Management Plans. These documents are all publically available from the Council. Capex and Opex budgets for the next 3 years relating to this Procurement Strategy are shown in the Appendices. Budgets are translated into contracts for works and services once sufficient information and all clearances and approvals are to hand. Budgets may translate into several contracts, and conversely contracts may relate to a number of budgets. Apart from the term maintenance contracts, there is no firm programme for calling tenders. 3.1.2 Term Maintenance Service Contracts In July 2008, two 3 year contracts (each with rights of extension for a further 2 years) were let. The scope of these contracts covered all road maintenance, renewals and upgrades required to preserve the value of the roading asset. One of these contracts covered the Southern area of the city, while the other covered the Northern and CBD areas. In October 2008, a further contract was let for 2yrs and 9 months also with a right of extension for a further 2 years. The scope of this contract covered the vegetation control and cleaning functions associated with road maintenance, for all but the CBD area. The existing contract for street and sump cleaning in the CBD will need to run its initial term and rights of extension through to 30 June 2012 before a transitional arrangement (such as a further extension, or contract renewal) can be entered into in order to achieve alignment with the terms of the other maintenance contracts. The terms of the 3 contracts let in 2008 were designed to be coincident, in order to provide options for scope improvement in the future. Currently a number of similar functions are shared between contracts and between different contractors. This leads Wellington City Council Procurement Strategy – Transport Assets Page 11 of 67
to issues of accountability which will be addressed by aligning the scopes of the renewed or re-tendered contracts. The following table sets out the programme over the next 3 to 5 years for retendering the term service works under this procurement procedure. Contract Number Description Expected Renewal Date RS414 CBD Cleaning July 2012 (unless extended a further 12 months) RS500 Road Maintenance North July 2013 and CBD RS501 Road Maintenance South July 2013 RS494 Outer City Cleaning and July 2013 Vegetation Control 477N Traffic Signal Maintenance July 2011 (WCC and NZTA) RS453 Street Lighting August 2012 Maintenance 3.2 Supplier Market 3.2.1 Physical works The contractor market in Wellington comprises large national and multi-national, multi disciplined companies, through to small contractors providing either single or a small range of civil contracting services. The Council has retained a couple of business units for carrying out parks and reserves operations, graffiti removal, landfill operations and pavement and sump cleaning. Some of the work carried out by these business units is on the Council’s roads and streets, however the bulk of their work is not. All of the larger civil engineering maintenance contractors in Wellington have contracted to the Council at various stages over the years. In spite of losing contracts in the past, none has elected to disestablish and vacate the local market. The mix of work available from the various Local Councils and for work on the State Highways and from within the private sector, has been a major factor influencing contractors to remain in Wellington. In 2008, a large multi-national civil engineering company bid for the Wellington maintenance contracts for the first time and secured one of the contracts. That contractor is now established in Wellington, adding capacity, competition and depth to the market. Wellington City Council Procurement Strategy – Transport Assets Page 12 of 67
All of the major road maintenance contractors in Wellington to some extent trade with their competitors – either providing services or purchasing services from each other. Such services include chip sealing, asphaltic concrete supply, temporary traffic management services etc. Each of the major contractors rely to some extent on the subcontractor market for delivery of services such as kerb and channel construction, line marking, vegetation control, plant hire etc. This mix of contractors is healthy for the local market as it allows sufficient depth of experienced resource to address the city’s routine and special needs. Special needs include:- Emergency response capacity – Wellington is earthquake prone, hilly and subject to high winds and periods of heavy rain giving rise to frequent road blockages from fallen trees, slips and dropouts. CBD – The CBD is typical of most CBDs in that it is confined, with an aged infrastructure, streets congested with underground services, very busy, offering limited opportunity for conducting works which impact on traffic flows, and now compounded by an increasing residential population requiring restrictions on night work within the CBD. The market currently satisfies the Council’s special needs in that it can provide experienced contractors familiar with the Council processes, offering a wide range of specialist skills suitable for Wellington (particularly slope stability works) and each with a wider network of experienced sub-suppliers that can be called on at short notice – both for work in the CBD and in response to emergency situations throughout the city. The market offers a number of suppliers of critical product or service such as bitumen, aggregates, asphalt, chip sealing, concrete, line marking, and temporary traffic management. There are 3 major aggregate suppliers in the Wellington market. The Council owns one of these, the Kiwi Point quarry, which supplies aggregate to the whole market on a non preferential basis. There are no monopoly contractors in the Wellington roading market, though in highly specialist areas such as traffic signal maintenance, there is limited competition. The market response to the 2008 road maintenance tenders strongly suggests that the market is efficient and effective. Apart from recent announcements by Shell regarding their investment in roading contractors, there is nothing else significant to suggest that in 3-5 years time when tenders for the road maintenance contracts will again be called (or the contracts renewed), that this position will have deteriorated. 3.3 Current Spend The following table outlines the tendered annual value of the contracts in place for the Council’s road maintenance and renewal physical works programmes (2008/09):- Contract Contract Description Annual Contractor Number Value RS500 Roading and Traffic $11.4M Downer EDI Works Maintenance Contract – North and CBD Wellington City Council Procurement Strategy – Transport Assets Page 13 of 67
Contract Contract Description Annual Contractor Number Value RS501 Roading and Traffic $7.6M Transfield Services Maintenance Contract – South Ltd RS494 Outer City Cleaning and $2.5M CitiOps and Parks Vegetation Control RS414 CBD Cleaning $0.6M Transpacific Holdings Ltd 477N Traffic Signal Maintenance $0.45M CSL Traffic Ltd RS453 Street Lighting Maintenance $0.5M Power Construction and Lighting All of the above term maintenance service contracts are output based with a mixture of lump sum and measure and value items. 3.3.1 One-off Projects One-off projects include:- • Slope stability works • Street lighting upgrade works • Safer roads projects • Bus priority laning • Capacity Improvement projects • Urban Development projects • Structural upgrades (tunnels, bridges etc) All projects are “staged” and for projects valued over the $200,000 NZTA threshold, suppliers will be selected by an open tender process. For more information on the projects, refer Capex and Opex Programmes included in the Appendices. 4 Delivering the Work Programme 4.1 Introduction 4.1.1 General Within the 3 year horizon to 2013, the majority of the Council’s road maintenance and renewal work (and some upgrade works) is covered by the existing competitively bid term service contracts referred to in section 3.1.2 above. Wellington City Council Procurement Strategy – Transport Assets Page 14 of 67
4.1.2 Management The works addressed in this document are managed within 2 of the Council’s 7 Directorates. These are:- • Infrastructure Directorate, and • Strategy Planning and Urban Directorate Each Directorate is responsible for purchasing its own services. The Council does not have a centralised engineering services procurement unit, nor is it required as each contract generally requires specialist input from within the Directorate, and the Directorates are governed by the Council’s Procurement Standard. However, where work is required by one Directorate and applicable contract rates exist in another Directorate, consideration is always given to using the existing contractors at the established contract rates. 4.2 Programme Implementation 4.2.1 Introduction The programme involves technical consultancy professional services, and physical works. The technical consultancy services are carried out either by the Council through its professional services business unit, or by engagement of external suppliers from the open market. Physical works are carried out under either term maintenance contracts or site specific contracts. 4.2.2 Professional Services Professional services external consultants are managed under the Council’s pre- qualification system. Details of the pre-qualification system can be found on the Council’s website. 4.2.3 Term Maintenance Contracts Prior to preparing tender documentation for the 2008 maintenance and renewal contracts, the Council openly invited contractors and other interested parties to contribute towards the development of the contract. At the meetings convened for these discussions, all parties were given the opportunity to comment on their preferences. The CEO outlined the Council’s political vision, the Infrastructure Director outlined the Council’s objectives and outcomes expected of the contracts, and the Council engineering staff outlined contractual matters the contractors might wish to consider and comment on. While there was no overall agreement by the participants, of those with the capability to carry out the work, there was a clear preference for a measure and value type of contract administered under NZS 3910 2003 General Conditions of Contract. These participants preferred a contract that separated asset management functions from asset maintenance and renewal activities. They saw the Council as the asset manager, and the contractor as the maintenance/renewal provider. Various contract options including alliancing, NEC Conditions of Contract etc were all given serious consideration by the Council prior to engaging with the market. The Council visited sites where alliancing was in place and discussed matters with the Wellington City Council Procurement Strategy – Transport Assets Page 15 of 67
alliancing parties. In the end, the preference both from the market and within the Council was to a more conservative approach, as referred to above. The previous contracts were performance based contracts requiring the contractors to progressively assume responsibility for the roading assets. It was generally agreed by the contractors and the Council that such an initiative was not working. The general consensus was that the Council should retain responsibility for the assets, determining where treatments should be undertaken, and what the treatments should be. The form of the 2008 contracts was then developed along more traditional lines, with the contractors given the responsibility for fault finding, programming approved works and carrying out physical works, and the Council conducting condition surveys and performing the asset management functions. Contractor payment was based on a schedule of rates, for work completed to specification. 4.2.3.1 Risks and opportunities – Term Maintenance Contracts Based on the consultation and outcomes described above, the Council has returned to a traditional and more conservative approach for the delivery of road maintenance and renewals. In NZTA terms, the contracts are defined as “staged”, and are managed and supervised by the Council’s in-house engineering staff. The risks with this approach are:- • Job intensive – each job to be uniquely identified, and tracked • Limited opportunity for contractors to upskill in asset management The opportunities with this approach are:- • Facilitates new entrants into the market • Places responsibility under the contract with the most appropriate party • Incentivises the contractor to programme the work, and complete it to specification • Incentivises contractor to find innovative ways to aggregate various tasks at a worksite, in order to achieve operational efficiency, and minimum disruption for residents • Council is better able to manage its records • Fewer disagreements on treatment lengths and treatment selections • Full contractor accountability for performance of completed physical works • Contractor programming of approved works, with Council approval of the programme • More focus on cost effective work outputs through proven processes The Council is mindful of encouraging competition in the city, and the need to retain contractors with the equipment and management expertise to assist in times of emergency. To this end the Council has offered the city maintenance and renewal works as 2 packages of work, and required that unless there are no acceptable alternatives, no contractor can perform both contracts simultaneously. The market feedback from the major contractors supported this division. The complexity and interdependence of road maintenance and renewal jobs within the city requires job programming and responsibility for outcome to be carried by the Wellington City Council Procurement Strategy – Transport Assets Page 16 of 67
contractor. While it is an option for some activities to be unbundled, and separately let, the need to have one entity in control of contract jobs is paramount. For this reason the preferred option is for the contractors to take full responsibility for programming and completing every job to specification and on time, irrespective of whether the job is carried out by the contractor’s own resources, or subcontracted. The Council recognises the special attention required and the difficulties associated with working in the CBD. In order to obtain competitive prices for working in the CBD, the Council has required tenderers to price 2 schedules per tender. One schedule for conducting work in the CBD, while the other for the non CBD (ie North/South) areas. This allowed the tenderers to price for the difficulties of working in the CBD, without loading additional costs against the work in the non CBD areas. The Council could then be assured of the CBD and outer areas being priced, and priced competitively. The Council through the tender process could then choose the contractor who could offer best value for money for the CBD and for one of the non CBD areas. The second contract was awarded for the remaining non-CBD area, thereby assuring the Council of at least 2 fully resourced contractors. The roading maintenance and renewal contracts are terms of 3+2 years. The contract terms of the 2008 contracts were considered in depth in the period leading up to tendering. The conclusion drawn was that this format would be of sufficient length to be attractive to, and warrant investment by, the contractors. The term also allowed sufficient time for systems to be bedded-in, particularly if there is a change of contractor. The 2 year term extension is considered both an incentive for excellent performance, and a safety net in the event that either party is dissatisfied and wishes to exit on expiry of the original term. The content of the maintenance contracts may change over time. At each renewal, each activity in a contract will be reassessed, and decisions made as to which contract is best placed to handle that activity. 4.2.3.2 Value for money and sustainable competition For road maintenance and renewal works, the greatest value for money in the city is considered to be in:- • Establishing acceptable levels of service for the roading network • Identifying the network needs in terms of these levels of service • Sourcing internal and external funds to satisfy these needs • Prioritising and prudently spending available funds on the necessary physical works The procurement strategy addresses these through:- • The choice of 2 principal suppliers for road pavement maintenance and renewal • The choice of contract form which encourages new contractors into the market • The responsibility for the programming of activities residing with the main contractors • The choice of contract term, and the bundling of activities to reduce the overall tendering workload, for both the Council and for the market • The choice of supplier selection (price/quality), which facilitates selection based on whole of life costs as opposed to lowest price. Wellington City Council Procurement Strategy – Transport Assets Page 17 of 67
While in some situations there may be benefit in collaborating with neighbouring RCAs and combining workload into a single contract, the Council considers the main term contracts it offers are of sufficient size ($8M plus per year each) to secure any potential economies of scale. The geography of the Wellington region does not lend itself to TLA collaboration for road maintenance. Similarly, while collaboration with NZTA over combining the State Highway maintenance work and the Wellington city maintenance work into a joint contract is possible, except for traffic signal maintenance, it is very unlikely that any additional economies of scale will accrue. More importantly, a number of road maintenance contracts of this size spread amongst a number of different contractors are required to sustain the competitive market. 4.2.3.3 Contract Management The management of the maintenance and renewals contracts is provided by the Council’s in-house engineering resources. The contracts are written requiring the Council and the Contractor to collaborate in the interests of contract improvement. The contract requires attendance by both parties at regular meetings to monitor programmes and resolve issues. This process proved very effective in the 2002-2008 contracts and has been retained for the 2008-2013 contracts. 4.2.3.4 Delivery Models and Supplier Selection Methods – Physical Works On completion of the original term of the road maintenance contracts, plus any agreed extensions, the works will be retendered. For the 2008-2013 contracts, the Council used the Price Quality Method for Physical Works contained in Transfund General Circular No. 02/09, and amended for PQM evaluation. This system worked well and the Council received good value for money. Both the Council and contractors now have established tender processes to follow, which should save time and money during the tender and tender letting stages. Price weighting for the maintenance contracts is currently 70%. This will need to be reviewed closer to retendering in light of experience gained in the interim by other Approved Authorities. For road construction and upgrade work not included in the maintenance contracts, price weighting will be considered within the allowable range of the procurement rules depending on the need to select a higher quality supplier. Attribute selection and weighting will be appropriate to the work to hand, and attributes with a pass/fail criteria will have that criteria defined within the tender documentation (typically 35% has been used on any non-price attribute to date). Where repeated construction work of a similar nature is frequently undertaken, the Council is preparing a pre-qualification system for capable contractors. This system will be opened each year to new entrants, and for pre-qualified contractors to update their registration attributes if they wish to do so. The market will be consulted prior to issuing requests for pre-qualification. This system will streamline the tendering process for these works. Details will be posted on the Council’s website. Initially this pre-qualification system will focus on walls and related structures. All contracts within this system will be staged, and those up to $100,000 will be managed either as direct appointments or as closed tenders (between a minimum of Wellington City Council Procurement Strategy – Transport Assets Page 18 of 67
3 selected contractors on the register). Contracts valued above $100,000 will be let either on a closed tender basis or under an open, price quality, tender process. Those over $200,000 will be openly tendered. 4.2.3.5 Summary The delivery of the road maintenance, renewal and minor construction works programme will:- • See the existing contracts through to the end of their original terms plus any agreed extensions (to 2013 max) • Look to rationalise contracts/scope of contracts to minimise responsibility overlaps –may involve contract extensions of up to 1 year beyond those contained in original agreements (eg contract RS-414) in order to achieve co- incident renewals • Consult with contractors before retendering road maintenance and renewal contracts. The Council’s current preferences for road maintenance contracts are for 2 contract areas one of which includes the CBD, and with no contractor able to simultaneously hold both maintenance contracts. Preferred contract terms are 3+2. The preferred style of contract is collaborative, using NZS3910 as the General Conditions of Contract, and tenders evaluated under a price quality method, with weightings to be determined closer to the time. • Continue letting construction contracts, on a project by project basis, in the first instance, using pre-qualification where this method provides benefits both for the Council and the contractors • Consult with contractors in the development of pre-qualification systems for physical works • Retain the services of the Council Business Units for critical/specialised services which have a high impact on the city’s image (eg graffiti management, horticultural/vegetation control, cleaning etc). 4.2.4 Summary – Delivery Models and Supplier Selection Procurement Expected Delivery Model Supplier Procedure Release or Selection Renewal Date Infrastructure RS500 and RS501 July 2013 See Note 1 Price Quality RS494 July 2013 See Note 1 Price Quality RS414 July 2012 tba Extend existing contract to 2013 – see Note 2. RS453 August 2012 See Note 1 Price Quality 477N July 2011 See Note 1 Price Quality Walls and Minor The Council is establishing a Walls and Minor Structures Pre- Structures qualification system, which will be open to new entrants each Wellington City Council Procurement Strategy – Transport Assets Page 19 of 67
Procurement Expected Delivery Model Supplier Procedure Release or Selection Renewal Date Construction year. Information relating to this system will be posted on the Council’s website Planning and Advice Professional The Council has its own professional engineering services unit, Services and for external consultants, operates a Technical Consultancy Pre-qualification system, which is open to new entrants in June each year. Information relating to this system is on the Council’s website Note 1 The Council’s preference at this stage is for traditional measure and value contracts with some lump sum items, collaboratively managed, NZS3910 General Conditions of Contract, with incentives for contractor performance. Asset management by Principal (treatment length and treatment solution), and fault finding, job programming and job delivery carried out by contractor. However, consultation with the industry closer to the time of calling tenders may alter this preference. Note 2 In situations where a term contract is to be re-tendered in the lead up to, or during a high profile event in the city, the Council may extend the existing term contract for such time as it sees fit to ensure the continuation of a high level of service throughout the event. 4.3 Communication Strategy 4.3.1 Internal Stakeholders This strategy affects the following internal stakeholders:- • Infrastructure Directorate • Strategy, Planning and Urban Directorate • Management Board (strategy acceptance and sign off by Director Infrastructure and Chief Executive Officer) All stakeholders have access to this strategy and the opportunity to add value to it. 4.3.2 Other Approved Organisations 4.3.2.1 Neighbouring Territorial Local Authorities (TLAs) The Council’s closest TLAs are:- • Porirua City Council • Hutt City Council The Council maintains dialogue at CEO level with its neighbouring Councils. The outcome of this dialogue may have a bearing on procurement arrangements carried Wellington City Council Procurement Strategy – Transport Assets Page 20 of 67
out by each of the TLAs, and in particular in light of the Auckland super-city developments. Irrespective of the outcome of this dialogue, to sustain the competitive market, it is important to ensure that capable contractors remain gainfully engaged in the region, on both long term and project specific works. In the Wellington City Council the two main maintenance contracts are of the order of $8-11M each per year. Experience suggests that maintenance contracts of this size have achieved the benefits of economies of scale which are not further increased in proportion to further increases in contract size. On the contrary, as the contracts increase in size beyond this, they appear to generate a new set of complexities and management issues, which affect both parties and detract from overall contract performance. The contractors consulted prior to the 2008 road maintenance tenders also expressed preference for contracts of this size for Wellington. Communication between the roading market principals to co-ordinate their tender and contract award programmes is considered to be of benefit to both the principal, and the tenderer. Tender submission and pricing can be influenced by the knowledge of success or otherwise of recently tendered contracts. Where tenderers know of the outcome of previous similar tenders at time of submitting each new tender, the factor of uncertainty is removed and tenderers are in a better position to price both realistically and strategically. 4.3.2.2 Wellington Regional Council The City Council’s maintenance contracts allow for a number of minor works to be carried out for the Regional Council. These in particular relate to bus shelter maintenance. The Wellington City Council will continue to maintain dialogue with the Regional Council over sharing such services. 4.3.2.3 NZTA (SH Maintenance) The Wellington City Council maintains dialogue with NZTA over sharing services, particularly along sections of the SH1 through the inner city. Currently the scope of works in the RS494 contract includes vegetation control, sweeping and cleaning works along the section of SH1 from the CBD limits to the airport. The Council also operates the traffic signal maintenance contracts for signals and for the CCTV cameras on both the State Highway and the local roads within the city. Comments in 4.3.2.1 above also apply to communication with NZTA. The Council and NZTA need to be aware of each other’s tender closing and award dates so that tenderers are able to submit tenders confident of the outcome of bids they may have already submitted. 4.3.3 Supplier Market 4.3.3.1 Contractors As with the 2008-2013 maintenance contracts, for future retendering of these major contracts, the Council will be inviting contractors to meet with the Council before tenders are to be called so that the Council can communicate its preferences and Wellington City Council Procurement Strategy – Transport Assets Page 21 of 67
expected outcomes to contractors, and contractors given the opportunity to respond with their feedback. 4.3.3.2 Professional Services Details of the Technical Consultancy Pre-qualification system are available on the Council’s website. Every 12 months, the register is open for new entrants to pre- qualify, and for existing pre-qualified consultants to update their pre-qualification information if they so wish. The process towards developing this system involved an open meeting with 15 of the Council’s larger consultancy services suppliers, at which the proposal to implement a Pre-qualification system was presented, and feedback invited. All attendees responded with positive and constructive comments. After processing this feedback, the final draft documentation was developed and distributed to the market for further comment. The final documentation was issued to the market, based on the Council’s needs, the feedback from the market, and the review comments from NZTA. Information relating to pre-qualification, and the consultants who have pre-qualified, is available on the Council’s website. 4.3.4 NZTA At the initiative of NZTA, regular meetings are held with the NZTA Regional Office staff. These cover the full range of business matters between our 2 organisations. 4.4 Performance Management and Success Measures 4.4.1 Physical Works Contracts - Maintenance Performance monitoring is embodied within the term service contracts. For superior performance (objectively measured) contractors are rewarded with “performance reward work”. For inferior performance, deductions are made to the lump sum management items. The measures are based on the original expectations of the contract, (based on the AMP and the LTCCP), which are reflected not only in the contract specifications, but also in the attribute marking criteria. 4.4.2 Physical Works Contracts - Other These contracts are almost always let using NZS3910 General Conditions of Contract, with a schedule of rates applicable to the project. During 2010, the Council plans to develop and implement a pre-qualification system for contractors supplying repetitive construction type works, such as retaining walls, and other slope stability mechanisms. The success measures for this will include the extent to which the tendering processes are simplified (attribute submission and evaluation etc). Wellington City Council Procurement Strategy – Transport Assets Page 22 of 67
4.4.3 Market For term service contracts, the contractors of interest to the Council are those capable of delivering the full range of services. Developments following recent announcements by Shell regarding their part ownership of contracting companies will be monitored. The Council needs to be sure that any developments do not reduce competition in the local market, and if they do, then the next round of tenders may see adjustments to the contract scope to match the capacity of those remaining in the market. This could mean reducing both the size and scope of the contracts. 4.4.4 Professional Services The major success factor for the professional services pre-qualification system focuses on best value consultant for the consultancy. For this, the Council needs to have a mix of consultants to call on with wide ranging skill sets to assist with the diverse specialisations required by the Council. For 2009/10, the Council has just over 100 pre-qualified consultants, ranging from multi-disciplined international firms, through to single service, sole operators. The pre-qualification system extends across all of the Council’s activities, including its Council Controlled Organisations. It is not limited to roading services only. An applicable standard form of engagement is used for each consultancy engagement (eg ACENZ/IPENZ CCCS short and long form agreements) The success measure will include:- • The value add of selecting suppliers from a pre-qualified pool, some of whom would have otherwise not been known to the Council • The ease with which the Council selects its consultants • The reduced workload (zero or minimal attribute submission and evaluation prior to consultant selection) • Retention of capability and capacity in the market 5 Internal Capability and Approval of the Procurement Strategy 5.1 Description of Current State and Desired State 5.1.1 Structure Roles and Responsibilities of Procurement Team The Council directorates each have sufficient in-house resource and capacity to manage the procurement of their required services. This includes assessing whether the procurement services should be provided from within the directorate, or by engaging the services of external professionals, or sharing in-house resources between directorates. The Council interfaces with NZTA on a number of issues:- Wellington City Council Procurement Strategy – Transport Assets Page 23 of 67
Operative Responsibility LTMA Procurement Strategy Sponsor Responsible for co-ordinating (Stavros Michael – Director procurement strategy content, (involves Infrastructure) affected directorates) strategy amendments, issues updates, initiating reviews, ensuring approval and endorsement, etc LTP Sponsor Responsible for completing LTP on line, (Deven Singh – Manager Transport liaising or co-ordinating liaison with NZTA Assets) on all LTMA procurement matters Project Managers Proposed projects – Tender Sponsor, champion tender procurement strategy seek approval to tender, develop tender documents, manage legal review, prepare estimate, champion industry consultation, consent consultation, risk assessment and analysis etc, call tenders, champion tender evaluation, lead negotiations with tenderers, recommend award of tender, prepare letters of acceptance etc Each procurement for roading activities is managed within the Directorate responsible for the project. The appointment of a procurement team from within the Council ranks is managed within the Directorate. Where the Directorate is considered unable to manage the procurement, the Council engages the services of an appropriate technical consultant, selected from the pre-qualification register. Where the Council uses its own resources to manage procurement for LTMA projects, at least one of the team members is a NZTA recognised Tender Evaluator. The Manager Transport Assets (Deven Singh) holds this qualification. The preparation of the 2008 road maintenance contracts was managed internally by the Council, with assistance as required purchased from external technical consultants. The evaluation was conducted by a mix of internal and external evaluators. Typically this combination would be the approach where the Council has an internal competent and qualified resource. The Council employs tertiary qualified civil engineers across a number of its Directorates. In addition to these qualifications, a number of senior engineering staff each has in excess of 30 years of relevant experience. 5.2 Plan to Fill Capability Gap Currently there are no identified gaps in the Wellington market (contractors for physical works, and technical consultants for professional services). The Council’s use of external professional services to complement its internal resources addresses any gaps that may arise in managing projects. Wellington City Council Procurement Strategy – Transport Assets Page 24 of 67
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