Agenda of Extraordinary Meeting of Council

WAGGA WAGGA CITY COUNCILLORS

Councillor G

Mayor

Councillor Greg

Conkey OAM

Councillor D

Deputy Mayor

Councillor Dallas Tout

Councillor Y

Councillor Yvonne Braid

Councillor P

Councillor Paul Funnell

Councillor D

Councillor Dan Hayes

Councillor V

Councillor Vanessa Keenan

Councillor R

Councillor Rod Kendall

Councillor T

Councillor Tim Koschel

Councillor K

Councillor Kerry Pascoe

QUORUM

The quorum for a meeting of the Council is a majority of the Councillors of the Council who hold office for the time being who are eligible to vote at the meeting.

COUNCIL MEETING ROOM

Reports submitted to the Extraordinary Meeting of Council to be held on Monday 6 August 2018.

Extraordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 6 August 2018

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

PRAYER 2

ACKNOWLEDGEMENT OF COUNTRY 2

APOLOGIES 2

DECLARATIONS OF INTEREST 2

Reports from Staff

RP-1 PROJECT MANAGEMENT SERVICES - RIVERINA INTERMODAL FREIGHT AND LOGISTICS HUB - STAGE TWO 3

QUESTIONS/BUSINESS WITH NOTICE 7

Confidential Reports

CONF-1 APPOINTMENT OF COMMUNITY MEMBERS TO THE FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE 8

PRAYER

ACKNOWLEDGEMENT OF COUNTRY

APOLOGIES

DECLARATIONS OF INTEREST

Report submitted to the Extraordinary Meeting of Council on Monday 6 August 2018. RP-1

Reports from Staff

RP-1 PROJECT MANAGEMENT SERVICES - RIVERINA INTERMODAL FREIGHT AND LOGISTICS HUB - STAGE TWO

General Manager: Peter Thompson

Analysis:

The purpose of this report is to gain support from Council to continue with the engagement of the technical expertise required to progress critical funding applications relating to Stage Two of the Riverina Intermodal Freight and Logistics Hub program.

Recommendation

That Council:

a endorse a variation of RFT 2016/008 to include the Scope of Services for Stage Two of the Riverina Intermodal Freight and Logistics Hub program as outlined in the body of this report

b note that Parsons Brinckerhoff Australia Pty Ltd (now WSP Australia Pty Limited) were awarded the contract pursuant to a competitive tender process and the contract included an option to vary the Scope of Services to include Stage Two of the Riverina Intermodal Freight and Logistics Hub program should it proceed

c note that this component of work is urgent and critical for the design and costing of the rail siding, rail terminal and adjacent industrial subdivision

d approve the budget variation as detailed in the budget section of the report

Report

Background

In 2015 Council went to tender seeking a company to provide project management services for infrastructure works associated with the Riverina Intermodal Freight and Logistics (RiFL) Hub Programa (RFT 2016/008).

The tender proposed that the project management company would provide assurance to the project and to act as the interface between Council and the future contractor responsible for the design and construction of Stage One of the RiFL Hub Program. The tender included provisions to vary the Scope of Services to include Stage Two of the RiFL Hub Program should it proceed.

At the Extraordinary Council Meeting on 17 December 2015, it was resolved:

That Council:

a in accordance with Section 55 of the Local Government Act 1993 (NSW) and in accordance with Clause 178 of the Local Government (General Regulation) 2005 (NSW) resolve not to accept any tender for Project Management Services associated with the implementation of the Riverina Intermodal Freight and Logistics Hub Program

b pursuant to clause 178(3)(e) of the Local Government (General Regulation) 2005 (NSW) enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender

c note the reason for declining to invite fresh tenders or applications is that this action would not produce different or more satisfactory offers and that funding and the delivery program would be jeopardised by conducting another tender process

d note the reason for determining to enter into negotiations is that the evaluation has identified inconsistencies between the offer(s) and Council’s tender specification as well as the terms and conditions are at variance with those of the tender documentation and may be negotiated to settle the final terms of a contract

e authorise the General Manager to enter into a conditional contract (subject to milestones) in relation to project management services associated with the implementation of the Riverina Intermodal Freight and Logistics Hub Program following negotiations

As a result of the above resolution, Council engaged the services of Parsons Brinckerhoff Australia Pty Ltd (now WSP Australia Pty Limited) to provide Project Management Services associated with the implementation of the RiFL Program. During Stage One, WSP provided a valuable service to Council and were an integral part of its success.

While the previous decision of Council above provided the flexibility for staff to engage the services of WSP for Stage Two, it is prudent to present this report to Councillors before engaging their services any further given the amount of time that has passed and changes that have occurred since the resolution in December 2015.

Stage Two

Stage Two the RIFL program incorporates the construction of the rail siding, terminal and industrial subdivision as per Attachment 1.

The Rail Siding and Terminal ($14m) is proposed to be funded through an amended Fixing Country Rail grant application. The NSW Government have indicated that revising the application to include our partner as a joint applicant with updated volume will ensure the success of the application. This is now a rolling program and applications can be submitted at any time.

The industrial subdivision, enabling infrastructure and bulk earthworks is proposed to be funded through the State Government’s Growing Local Economies (GLE) funding program ($21m). Council has submitted an expression of interest for this funding and it is expected that the project will be shortlisted in the very near future requiring the development of a detailed business case. If shortlisted, the detailed business case is expected to be submitted within a very short timeframe.

In order to develop the detailed business case within the set timeframes and according to the specifications of the program, it is critical that Council engage the technical services of WSP now to assist with its development.

Financial Implications

The estimated cost to engage WSP for this scope of works is $333,460 excl GST as per the attached confidential service proposal (Attachment 2).

The budget for the Heads of Agreement as previously approved by Council is $308,590. There is also a further budget saving of $189,975 on the Bomen Roads project (Stage One) which has been carried over into 2018/19, which is now proposed to be transferred to Stage Two. This gives a total budget of $498,565, with $145,699 expended and committed to date, leaving a budget remaining of $352,866 for the project management to be performed by WSP.

Policy and Legislation

N/A

Link to Strategic Plan

Growing Economy

Objective: We are a Regional Capital

Outcome: We are leading freight and logistics centre, encourage business investment

Risk Management Issues for Council

· State funding is critical for the delivery of the project

· Funding application dates are critical to project timeline

· NSW Government will enter caretaker mode later this year

· RIFL Stage Two critical for success of Bomen’s regional economic significance

Internal / External Consultation

Councillors were consulted during a Councillor Workshop on 30 July 2018 outlining this approach.

Attachments

1 ⇩.

Attachment 1 - Major Project Components

2 .

Attachment 2 - Service Proposal - Reference Design and Project Management Services

This matter is considered to be confidential under Section 10A(2) of the Local Government Act 1993, as it deals with: commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.