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10 Indonesia: SRIP/PPIAF Final Introducing Performance Based Maintenance Contracts to Indonesia Framework Document Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

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  • 10 Indonesia: SRIP/PPIAF

    Final

    Introducing Performance Based

    Maintenance Contracts to

    Indonesia

    Framework Document

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  • 10 Indonesia: SRIP/PPIAF

    Final

    Introducing Performance Based

    Maintenance Contracts to

    Indonesia

    Framework Document

    This document has been prepared by Opus International Consultants Limited in association with MWH NZ

    Limited for the benefit of The World Bank. No liability is accepted by these companies or any employee or

    sub-consultant of these companies with respect to its use by any other person.

    Prepared By

    Opus International Consultants Limited

    Ian Greenwood and Theuns Henning Asia Pacific Office Level 9, Majestic Centre 100 Willis Street, PO Box 12-343, Wellington

    Reviewed By

    Tony Porter Telephone: +644 4717731 Facsimile: +64 9 355 9585

    Date: January 2006 Approved for

    Reference: 1-37612.00 + indo/proj/684

    Release By Dr Ian Greenwood (Project Manager) Status: Final

    This document is the property of The World Bank and is protected under the copyright laws of the United States of America. Any unauthorised employment or reproduction, in full or part is forbidden.

    © The World Bank 2006

  • Introducing Performance Based Maintenance Contracting to Indonesia

    Framework Document

    Opus International Consultants Ltd

    in association with MWH NZ Ltd i January 2006

    Contents

    Executive Summary............................................................................................................................1

    1 Introduction................................................................................................................................6

    2 Methodology...............................................................................................................................7 2.1 Overview of Approach.......................................................................................................7 2.2 Consultation.......................................................................................................................7 2.3 Time Frame of Project.......................................................................................................8

    3 Task A1: Industry Capacity.......................................................................................................9 3.1 Purpose of Reviewing Industry Capacity...........................................................................9 3.2 Contractor Capacity...........................................................................................................9

    3.2.1 Interviews ...............................................................................................................9 3.2.2 Summary of Interview Outcomes...........................................................................9 3.2.3 Issues to Consider in Framework.........................................................................12 3.2.4 Tendering Short listing Criteria.............................................................................14

    3.3 Consultant Capacity.........................................................................................................15 3.3.1 Interviews .............................................................................................................15 3.3.2 Summary of Capabilities......................................................................................15 3.3.3 Issues to Consider in Framework.........................................................................17 3.3.4 Tendering Short listing Criteria.............................................................................17

    3.4 Government Department(s) Capacity ..............................................................................18 3.4.1 Overview..............................................................................................................18 3.4.2 Interviews .............................................................................................................18 3.4.3 Summary..............................................................................................................23 3.4.4 Issues to Consider in Framework.........................................................................23

    3.5 Overall View of Industry Capacity....................................................................................24

    4 Task A2: Assets to be Included..............................................................................................25 4.1 Introduction ......................................................................................................................25 4.2 Current Ownership ...........................................................................................................25 4.3 Discussions with MOC.....................................................................................................26 4.4 Utilities within the Road Reserve .....................................................................................26 4.5 Contractual Options .........................................................................................................27 4.6 Recommendation.............................................................................................................28

    5 Task A3: Criteria for Pilot Sites ..............................................................................................30 5.1 General Criteria................................................................................................................30 5.2 Recommended Criteria....................................................................................................31 5.3 North Java Corridor Issues and Appropriateness as a Pilot Trial Site ............................31

    5.3.1 Description of the North Java Corridor................................................................31

  • Introducing Performance Based Maintenance Contracting to Indonesia

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    5.3.2 Currently Proposed Works...................................................................................33 5.3.3 Asset data............................................................................................................37 5.3.4 Suitability Against Criteria ....................................................................................40

    6 Discussion on Local Practices and Issues............................................................................41 6.1 Introduction ......................................................................................................................41 6.2 Funding for Multi Year Maintenance Projects ..................................................................42 6.3 Overloading......................................................................................................................42 6.4 Design Standards ............................................................................................................44

    6.4.1 Alignment .............................................................................................................44 6.4.2 Cross Section ......................................................................................................44 6.4.3 Drainage...............................................................................................................47 6.4.4 Pavement and Maintenance Design.....................................................................47

    6.5 Maintenance Practices.....................................................................................................48 6.6 Data Issues......................................................................................................................49

    6.6.1 The Indonesian Road Management System........................................................49 6.6.2 The Inter-urban Road Management System........................................................50 6.6.3 PBC Data Requirements......................................................................................51

    7 Task A6: Framework for Introducing PBC to Indonesia ......................................................53 7.1 Overview..........................................................................................................................53 7.2 Timeframe for Future Expansion .....................................................................................53 7.3 Policy Issues....................................................................................................................54

    7.3.1 Underground services (utilities)............................................................................54 7.3.2 Limited Access Regulation...................................................................................54 7.3.3 Bond Requirements .............................................................................................54 7.3.4 Development of Cost Escalation Index................................................................55 7.3.5 Interest on Late Payment by Client ......................................................................55 7.3.6 Reporting Standard and System for Maintenance Data ......................................55 7.3.7 Management System for Roadside Furniture ......................................................56

    7.4 Legislative Issues.............................................................................................................56 7.4.1 Financing Arrangements.......................................................................................56 7.4.2 Overloaded Vehicles............................................................................................56

    7.5 Contractual Issues ...........................................................................................................57 7.5.1 Benchmarking Data Collection.............................................................................58 7.5.2 Relationships between Contract Parties ..............................................................58 7.5.3 Selecting PBC Consultant....................................................................................61 7.5.4 Role of the Phase II Consultant ...........................................................................61 7.5.5 Tendering Processes...........................................................................................61 7.5.6 Initial Betterments and Capacity Improvement Works .........................................64 7.5.7 Possible Exclusion of Pilot Trial Contractor from Future Trials ...........................64

    7.6 Key Performance Measures (KPMs)...............................................................................64 7.7 Industry Training and Knowledge Transfer.......................................................................65 7.8 Specific Issues for Proposed North Java Corridor Pilot Site..........................................65 7.9 Recommendations for Remainder of Network ................................................................66

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    7.10 Timeframe for Implementation of Pilot PBMC ................................................................66

    8 Conclusions .............................................................................................................................68 8.1 Industry Capacity .............................................................................................................68 8.2 Assets to be Included.......................................................................................................69 8.3 Pilot Site Criteria..............................................................................................................70 8.4 Local Practices and Issues ..............................................................................................71 8.5 Framework for Introduction of PBC to Indonesia ............................................................72

    9 References...............................................................................................................................73

    10 Appendices ..............................................................................................................................74 Appendix A: Participants at Workshops and Government Meetings.........................................75 Appendix B: Example of Private Industry Capacity Question List ->Summary of Large

    Contractors Capability...............................................................................................................77 Appendix C: Example of Private Industry Capacity Question List ->Summary of Consultants

    Capability ..................................................................................................................................80

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    Definition of Terms

    Term Definition

    ADB Asian Development Bank

    Bappenas The national planning agency, responsible for integration of all aspects of government expenditure.

    BB Benkelman Beam

    Betterment Works Works that add to the load carrying capacity of the road, typically through the application of an overlay

    or similar.

    BMS Bridge Management System

    Capacity Improvements Works that add traffic carrying capacity. Typically through the addition of traffic lanes (including

    bypasses) or through intersection improvements.

    DGH Directorate General of Highways

    DGLC Directorate General of Land Communications, part of the MOC

    DGRI Directorate General of Regional Infrastructure (equivalent to DGH)

    E80 Equivalent 80kN axle load

    EOI Expression of interest

    FWD Falling Weight Deflectometer

    GOI Government of Indonesia

    HDM Highway Development and Management

    (refer to http://www.piarc.org/en/projects/hdm4/ for details)

    Input Based Contracts The contractor is paid for the inputs used. This could include hourly rates for labour and equipment, m3

    rates for materials and the like.

    IRMS Inter-urban Road Management System

    KPM Key Performance Measure

    MOC Ministry of Communications

    MOF Ministry of Finance

    Output Based Contracts The contractor is paid for the completion of activities (eg filling a pothole) at a fixed price irrespective of

    the inputs required.

    Ownership of Assets The agency responsible for the creation, maintenance and disposal of an asset. Legal ownership may

    reside with different authority (i.e. the GOI)

    Pavement Management

    System

    An integrated computerised system, which stores, manages and reports on asset inventory, condition

    and use data. Advanced systems include a maintenance decision process.

    PBC Performance Based Contracting. Contractors have to achieve performance requirements irrespective

    of inputs required.

    PBC Consultant The consulting firm engaged to manage the PBC and reports to the DGH

    Periodic Maintenance The planned resurfacing or rehabilitation of a significant length of road to reinstate its original carrying

    capacity.

    Phase I Consultant Consultant that completed this phase of the project (Opus International Consultants Ltd in association

    with MWH NZ Ltd)

    Phase II Consultant Consultant engaged to progress the pilot trial (nominally up to the start of contract commencement)

    Road side friction Road side activities (eg accessways, stalls, cyclists, pedestrians etc) which serve to reduce the traffic

    capacity of the road

    Routine Maintenance Those activities undertaken on a daily basis, such as drainage maintenance, vegetation control, pothole

    repairs, and shoving repairs. These are typically reactive type works in response to a known fault.

    SRIP Strategic Road Infrastructure Project

    TOR Terms of Reference

    URMS Urban Road Management System

    WB World Bank

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    Executive Summary

    Opus International Consultants Ltd (Opus) in association with MWH NZ Ltd (MWH), were

    contracted by The World Bank to undertake Phase 1 of a two phase project that aims to

    implement a pilot trial of Performance Based Contracting (PBC) for the maintenance of a

    portion of the Indonesian road network, and to lay the foundation for future expansion of the

    PBC approach after the pilot trial.

    Specific activities defined within the Terms of Reference (TOR) and included within Phase 1

    are:

    A1: Confirm contracting capacity

    A2: Confirm assets to be included into the contract

    A3: Confirm criteria for identification of pilot sites

    A4: Workshop on the above

    A5: Development of a framework document for the implementation of PBC to Indonesia

    This report documents the results of the above processes1, with the overall conclusions of the

    project being as follows.

    Industry Capacity

    The approach undertaken to complete the project relied heavily on consultation with local

    governmental and industry participants. With respect to the capacity of the industry, Table 1

    contains the summary findings, with a conclusion being that there was sufficient capacity once

    proposed training was completed.

    Table 1: Overview of Capacity

    Activity Government Contractor Consultant Action / Comment

    Staff resources � � � Resources are available, but

    will require some training in new

    approach

    Physical resources NA � NA Contractors have (or could

    readily get) the resources

    needed

    Maintenance management � Not system

    based

    Limited Training to be provided on

    maintenance management

    Maintenance activities � Limited to new

    roads only

    Limited Training to be provided on

    maintenance activities

    Long term contracts Limited to

    construction

    contracts

    Limited to

    construction

    contracts

    Limited to

    construction

    contracts

    Previous long term contracts

    are only of a construction type.

    1 Note that no specific discussion on task A4 is presented, rather the results of feedback from workshops and

    other non-specific meetings were included into the overall document.

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    Activity Government Contractor Consultant Action / Comment

    Quality assurance NA � � Generally ISO or equivalent

    Pavement and surface

    understanding � � � All parties understand

    pavement and surfacing design

    Multi-asset experience � � � Responsibilities to be qualified for PBC tender

    Project management � � � Management of large contracts

    is routine

    IRMS experience � No Limited Will need training

    Data collection and analysis � Analysis only � All parties have experience in

    interpreting data.

    Tender document

    development � NA � External input will be required

    for initial PBC tender

    Partnering experience NA � � Both consultants and

    contractors often work in

    partnerships on large projects

    Careful considerations should

    be given towards required

    partnerships for PBC

    Business risk processes NA � � Part of standard operating

    procedures

    Legislative capacity � NA NA Longer term there will need to

    be a clarification of the MOF

    position with respect to multi

    year maintenance contracts.

    Also legislation surrounding

    private companies operating

    weigh bridges and associated

    enforcement issues.

    Assets to be Included

    Consideration was given to the desirability for the inclusion of MOC assets into a PBC

    contract. Table 2 contains the summary of the recommended assets that a PBC should

    include. The inclusion of MOC assets (as indicated in italics in the table) still needs to be

    accepted by the MOC.

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    Table 2: Asset Inclusion in PBC Contract

    Asset Include in PBC Contract

    Pavements and surfacings Yes

    Bridges Yes

    (only routine maintenance of cleaning, rail repairs and

    waterway maintenance, major periodic works excluded from

    PBC)

    Signs, signals and lighting Partial

    (small signs included, large gantries and street lighting

    excluded)

    Minor structures and culverts Yes

    Drainage Yes

    Line marking Yes

    Guideposts and mile posts Yes

    Guardrails and barriers Yes

    Cut and fill batters Yes

    (will need to be a limitation as to the nature of works

    included. Small slips and maintenance of drains on cut and

    fills should be included, large scale failures should be

    excluded)

    Weigh Bridges Yes

    Utilities influences Yes (contractor to approve backfill quality)

    Pilot Site Criteria

    A review was completed of the proposed (within the TOR) criteria for the identification of a

    pilot trial site for PBC. These proposed criteria were then added to, with Table 3 containing

    the final listing of criteria, along with a view on their relative importance.

    Table 3: Site Selection Criteria

    Criteria Importance

    Maintaining of local competition High

    Capacity of local industry Very High

    The size of the contract that the local industry can handle High

    Risks are not significantly higher than elsewhere on the network High

    No significant events that may affect the future management of the road Very High

    Knowledge of PBC concepts and desire to make PBC work by local DGH staff Very High

    Operational asset understanding Very High

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    Criteria Importance

    Historical maintenance cost data Medium

    Robust Asset Data Very High

    Reliability of traffic loading forecasts. High

    Availability of resources to all contractors. High

    Value of initial betterment works High

    Location of weigh bridges Very High

    A review of the proposed pilot trial site between Semarang and Pekalongan confirmed the

    appropriateness of the site as indicated in Table 4.

    Table 4: Suitability of Proposed Pilot Trial Site

    Criteria Site Passes Criterion

    Maintaining of local competition Yes

    Capacity of local industry Yes

    The size of the contract that the local industry can handle Yes

    Risks are not significantly higher than elsewhere on the network Yes

    No significant events that may affect the future management of

    the road

    Yes

    Knowledge of PBC concepts and desire to make PBC work by

    local DGH staff

    Yes

    Operational asset understanding Yes

    Historical maintenance cost data Marginal

    (only summary results viewed)

    Asset data including location referencing, inventory, condition and

    pavement strength.

    Marginal

    Reliability of traffic loading forecasts Marginal

    (depends on success in

    managing overweight vehicles)

    Availability of resources to all contractors Yes

    Value of initial betterment works Yes (36*% )

    Location of weigh bridges Marginal

    (needs an additional weigh

    bridge in the eastbound

    direction)

    * Based on data provided within SRIP funding estimate

    Local Practices and Issues

    Although not a specific task within the TOR, a review of local practices and issues identified

    the following items (refer to Section 6 for details and discussion):

    • Maintenance impacts from not currently having multi-year funding

    • The issues and impacts surrounding overloaded vehicles

    • Design standards in terms of alignment, cross sections, drainage and pavement design

    • Maintenance practices

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    • Data collection, validation and storage issues

    Framework for Introduction of PBC to Indonesia

    A framework for the introduction of PBC’s to Indonesia has been produced. Specific issues

    addressed in the framework include:

    • The timeframe for future expansion

    • Policies to be developed or reviewed in terms of:

    • Utility services

    • Limited access regulations

    • Bond requirements

    • Cost escalation

    • Interest for late payment by client

    • Reporting standards for maintenance data

    • Management systems for roadside furniture

    • Legislative changes required including:

    • Financial arrangements for multi-year maintenance contracts

    • Control of overloaded vehicles

    • Contractual issues, with reference to:

    • Benchmark data collection

    • Proposed contract organisational structure

    • Selection of the PBC consultant

    • Tendering processes

    • Initial betterment and capacity improvement works

    • Exclusion of successful contractor from future projects

    • Key performance measures

    • Industry training and knowledge transfer needs

    • Specific issues for the proposed pilot trial site (none were identified)

    • Recommendations for the remainder of the road network.

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    1 Introduction

    Opus International Consultants Ltd (Opus) in association with MWH NZ Ltd (MWH), were

    contracted by The World Bank to undertake Phase 1 of a two phase project that aims to

    implement a pilot trial of Performance Based Contracting (PBC) for the maintenance of a

    portion of the Indonesian road network, plus lay the foundation for future expansion of the

    PBC approach after the pilot trial.

    Specific activities defined within the Terms of Reference (TOR) and included within Phase 1

    are:

    A1: Confirm contracting capacity

    A2: Confirm assets to be included into the contract

    A3: Confirm criteria for identification of pilot sites

    A4: Workshop on the above

    A5: Development of a framework document for the implementation of PBC to Indonesia

    Activities within Phase 2 include for the preparation of contract documentation and industry

    training.

    In addition to the above tasks, an additional workshop was run at the start of the project to

    ensure an adequate level of understanding existed before undertaking the necessary

    discussions.

    This report covers each of the above Phase 1 activities. No specific section on task A4 or

    the additional workshop is included, as the findings from the workshops held were included

    into the discussion on the other tasks.

    Use of terminology specific to Indonesia is made throughout the report, and readers are

    advised to familiarise themselves with the definition of terms on page iv.

  • Introducing Performance Based Maintenance Contracting to Indonesia

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    2 Methodology

    2.1 Overview of Approach

    The approach utilised in conducting the project was to combine a team experienced in PBC

    contracts in various countries, with a high level of consultation with relevant organisations in

    Indonesia. This combined knowledge, was then used to produce the framework for the

    implementation of PBC to Indonesia.

    This chapter gives an overview of the scope of the consultation conducted, before presenting

    the timeframe for this phase of the project.

    2.2 Consultation

    The completion of the project required significant levels of discussions with both

    governmental and industry participants to understand the local “Indonesian flavour” that would

    be required within any PBC contract. Such consultation has occurred in two primary ways:

    • Workshops and large group meetings to discuss an array of issues

    • Open workshops were held in Jakarta on 15th and 29th August. The first

    introduced the project and PBC concepts, while the second was to present the

    findings for tasks A1 – A3. A list of attendees is given in Appendix A.

    • An informal workshop was held in Semarang on 19th August. This was with the

    local DGH, MOC and Bappenas representatives, with a specific focus on the

    proposed pilot trial site on the North Java Corridor. Seventeen people were in

    attendance.

    • A specific invitation workshop was held on 1st September to discuss the draft

    report.

    • In addition to the above workshops, one-on-one meetings to identify a particular

    organisations view point were held with

    • Four contracting companies (both government and privately owned);

    • INKINDO (the consulting engineering association), including obtaining viewpoints

    of six companies who had representatives at the meeting;

    • Separate one-on-one meetings with local and international consultants;

    • The Directorate of Highways (DGH), including the Project Management Unit,

    IRMS team, and the Semarang district staff;

    • The Ministry of Finance (two separate meetings covering different areas of

    responsibility);

    • The Department of Communications;

    • Bappenas;

    • The World Bank; and

    • Mr Chris Parkman from Transit New Zealand, who was involved in the mission in

    2004 that provided the basis for this project

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    A site visit of the proposed pilot trial site on the North Java Corridor (from Pekalong to

    Semarang) was undertaken. This site visit included travelling by road from Jakarta to observe

    the range of road conditions. The team were joined by representatives of both the central

    and local DGH department to point out items of interest along the journey.

    The project team would like to thank all those involved for making themselves available for

    meetings, and for sharing in the process in an open manner.

    2.3 Time Frame of Project

    The project timeframe is summarised in Table 5.

    Table 5: Project Timeframe

    Item Date

    Contract signed by WB 1 June 2005

    New Zealand based preliminary work June – mid August

    Team arrived in Jakarta 12th August

    Initial workshop 15th August

    Industry consultation 15th August – 26th August

    Proposed pilot trial site visit 20th August

    Workshop on initial findings 29th August

    Presentation of draft report 1st September

    Dissemination of final draft report 20th September

    Final report accepted TBC 2005

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    3 Task A1: Industry Capacity

    3.1 Purpose of Reviewing Industry Capacity

    The main objectives for the interviews with government agencies, contractors and consultants

    were to:

    (i) establish the number of potential bidders for PBC type work;

    (ii) establish a basis for prequalification of tenderers,

    (iii) identify specific issues of risk which will require mitigation when developing the

    contract documents, and;

    (iv) determine the value of contract which will best fit local capacity

    The outcomes of the interviews held are discussed in subsequent paragraphs, addressing the

    contractors, consultants and government agencies in turn.

    3.2 Contractor Capacity

    3.2.1 Interviews

    Contact with the contracting industry have been achieved through both open

    workshops as discussed in Section 2.2 and one-one interview with some of the main

    players in the contracting industry. The interviews were structured according to an

    interview questionnaire (See Appendix B as an example).

    The contractors in Indonesia consist of:

    • major local contractors of which a majority is state owned;

    • local privately owned contractors;

    • foreign contractors

    Two representatives of each of the local contracting groups mentioned above were

    interviewed, with views sought from international consultants on the capability of the

    foreign contractors working in Indonesia. It became apparent that the contracting

    industry is a highly competitive market with tenders seldom tendered by fewer than 30

    contractors.

    3.2.2 Summary of Interview Outcomes

    The completed questionnaire in Appendix B gives a summary of overall outcomes

    from the contractors’ interviews2. It was evident that Indonesia is in a fortunate

    2 Note that the interviews were conducted on the basis that no individual responses would be identified. This

    was to encourage an open dialog.

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    position of having a thriving contractor industry. Most companies are fairly large and

    have handled multi-million dollar projects of which a large amount are in the building

    industry. Most of the companies also have strong road and bridge building divisions,

    and like the rest of the company divisions they have experienced significant growth

    over the past five years. On the basis of this, it is not considered that contract value

    is a limiting criterion for contract selection.

    The road construction arms are strong and have a stable work income mostly centred

    on government owned and globally funded projects. Most companies have reported

    substantial workforce and equipment/plant numbers. What was evident was the high

    number of temporary staff, which results from the uncertainty connected to an annual

    budgeting and programming process associated with government projects. This issue

    also seems to be one of the main interest points from the contractors towards the

    PBC contract types that promise work committed for longer periods.

    The experience of the contractors testifies to a wide range of experience with

    exposure to most infrastructure related structures including roads, bridges, pipes,

    dams, telecommunications and buildings. A large number of these projects involved a

    multi-year construction duration, multi company and multi-discipline input.

    Undoubtedly, there is sufficient experience and capability within the contracting

    industry to handle a PBC type contract with longer-term involvement. It is also safely

    assumed that the contracting industry would be able to absorb the larger risk sharing

    principles associated with the PBC style contract.

    It was however, established that the contracting industry lacks experience in routine

    maintenance contracts and responsibilities. This results from large corps of routine

    maintenance crews employed by the road departments (See Section 3.4). The only

    exposure to these work activities would have resulted from the maintenance guarantee

    period associated with large construction, rehabilitation and betterment projects.

    According to these contracts the contractor is responsible for maintaining the road for

    a maximum of two years following completion of the contract, with most contracts only

    requiring a 3-6 month maintenance period. The only other group with experience in

    routine maintenance is the toll roads consortiums, who employ routine maintenance

    crews privately or use sub-contractors.

    RECOMMENDATION: ANY PBC TYPE TENDER MUST ENSURE SUFFICIENT EXPERIENCE IS PROVIDED TO PERFORM

    ROUTINE MAINTENANCE. FOR LARGER CONTRACTORS THIS MAY INCLUDE THE ADDITION OF A SUB CONSULTANT WITH

    ROUTINE MAINTENANCE WORK EXPERIENCE IF THAT EXPERIENCE DOES NOT EXIST IN-HOUSE. FOR EXAMPLE, LARGE

    CONTRACTORS MAY HAVE ALL THE STAFF AND EQUIPMENT FOR LARGE CONTRACTS BUT THAT DOES NOT NECESSARILY

    INCLUDE SKILL AND EQUIPMENT ASSOCIATED WITH ROUTINE MAINTENANCE.

    IT IS POSSIBLE THAT SOME CONTRACTORS WILL SEEK TO EMPLOY DGH STAFF DURING THE TENDER PROCESS TO GAIN

    EXPERIENCE. SUCH A SITUATION WILL NEED TO BE COVERED WITHIN THE CONTRACT DOCUMENTATION TO ENSURE AN

    UNFAIR ADVANTAGE IS NOT GAINED.

    The large scale of projects undertaken by the contractors implies sufficient experience

    in project management (including project management software application). This

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    also suggests the required capability in task scheduling and work packaging for work

    crews. It can therefore safely be assumed that contractors would be more than able

    to schedule and plan routine maintenance work in a PBC type contract. There is

    however the concern with regard to capabilities to identify and forecast work in a pro-

    active manner.

    RECOMMENDATION: PBC TENDERERS MUST DEMONSTRATE THAT THEY ARE CAPABLE OF ROUTINE MAINTENANCE WORK

    FORECASTING AND THAT THEY POSSESS MINOR DESIGN CAPABILITIES. (E.G. “FAULTS->CAUSE->REMEDY” TYPE DESIGNS

    IT IS SUGGESTED THAT IF THESE SKILLS DO NOT EXIST WITHIN THE CONTRACTING COMPANY, A SUB-CONSULTANT SHOULD

    BE PART OF THE PBC TENDER.)

    The above mentioned recommendation would also assist in addressing the apparent

    lack of database and pavement management experience within the contracting

    industry. The relevance and importance of the database and pavement management

    system (PMS) is further discussed in Section 6.6)

    In terms of in-house quality control and standards/specification monitoring, it is

    believed that the construction companies are able to apply their in-house processes.

    Most of the companies interviewed do possess some sort of quality accreditation

    system such as ISO 9001. It is however also realised that the quality systems would

    need more emphasis in the PBC contract styles. Where in the past it was up to the

    contractor to prove quality to a project manager or consultant, the driver now is to

    promote work quality from an “own profit” perspective. For example, it would be in the

    interest of the contractor to ensure good workmanship in order to limit repeated visits

    to the failure location.

    Concern was raised about the application of escalation to the contract. In summary

    the industry raised issues with regard to three aspects of escalation:

    • The components of the escalation calculations do not reflect maintenance

    activities

    • The data fed into the calculations is not based on independent data (it is collected

    by the GOI)

    • The reporting of escalation values is generally 1 year in arrears3 and payment

    often another 6-12 months after this, such that the contracting industry is left

    carrying the cost difference between when the escalation was incurred and when

    it was paid.

    RECOMMENDATION: A REVIEW OF THE ESCALATION PROCESS IS UNDERTAKEN TO ENABLE ESCALATION TO BE PAID THAT

    IS BOTH RELEVANT AND TIMELY. RISK ASSOCIATED WITH COSTS RISING ABOVE THE ESCALATION PAYMENTS SHOULD BE

    HELD BY THE CONTRACTOR.

    3 There was some discrepancy observed with respect to the timing of escalation values being available, with

    evidence indicating the values are available two months in arrears. The above 1 year is reported as this was

    the contractors view.

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    With regard to performance bonds, it would appear that there is an advantage

    currently existing to the GOI owned companies (often referred to as “Karya”

    companies) in that they can obtain bonds at much lower cost as the banks perceive

    them to be of a low risk. This enables them to tender for larger contracts than an

    equivalent sized private firm, and also provides them with greater flexibility in the

    management of their equipment. It was also noted that the currently accepted list of

    bond providers was relatively narrow, and that some greater flexibility (such as

    inclusion of insurance companies4) could enable private companies to compete on

    larger contracts.

    RECOMMENDATION: ALL TENDERING PARTIES ARE ON AN EQUAL FOOTING WITH REGARD TO SOURCES OF BONDS.

    RECOMMENDATION: THE LIST OF ACCEPTABLE BOND PROVIDERS BE REVIEWED AND INCREASED (OR DECREASED) AS

    APPROPRIATE.

    RECOMMENDATION: A TWO STAGE BOND IS APPLIED. FIRST STAGE TO COVER THE INITIAL BETTERMENT WORKS, THE

    SECOND STAGE FOR THE LONGER TERM MAINTENANCE PERIOD.

    There was also some concern that in general there are no penalties for late payment

    from the client5. This was seen as a concern, especially longer term should future

    contracts be funded from the Indonesian budget rather than from loans.

    RECOMMENDATION: AN INTEREST RATE ABOVE THE COST OF BORROWING FOR CONTRACTORS’ SHOULD BE INCLUDED

    INTO THE CONTRACT TO COVER FOR LATE PAYMENT BY THE CLIENT.

    3.2.3 Issues to Consider in Framework

    There was a strong signal of excitement from the contracting industry to become

    involved with PBC contracts. There were however four major concerns regarding

    risks associated with:

    1. Overloading from trucks;

    2. Quality of workmanship on existing pavements considered under the PBC contract

    area;

    4 An alternate viewpoint was noted that claiming from insurance companies was all but impossible, hence

    exclusion of insurance providers as acceptable bond providers. 5 The World Bank advised that most recent contracts do have provision for claim of interest if late payment

    from the client. However the interest rate is set at 0%, so nullifies the impact.

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    3. Cost escalation; and

    4. Bond provisions.

    The concerns regarding overloading is a real issue since it does happen and secondly

    the contractors feel they would be powerless in managing or mitigating this risk. As an

    example, during a site visit to the weigh bridge at Subah, it was observed that a typical

    day included the weighing of 1700 vehicles of which only 650 were not overloaded

    (38%). Of the overloaded vehicles the extent of overloading was (for prosecuted

    vehicles6):

    • 5% overloaded by 5-15% of the allowable weight;

    • 30% by 15-30% of the allowable weight, and;

    • 65% by more than 30% of the allowable weight.

    Shortcomings identified for the current overweight control include:

    • The penalties for overloading being relatively low (an average penalty at Subah

    was in the order of Rp 20,000 (USD$2.00));

    • Penalties not being relative to the scale of offence. For example - the fine for

    15% overload being equal to that for a vehicle 30% overloaded;

    • A single penalty being issued per offence. Therefore only one fine would be

    issued if a truck is overloaded, regardless of the distance the truck is going to

    cover and the number of weigh bridges passed; and

    • Trucks being allowed to proceed with the intended trip, regardless of the

    overweight carried.

    The above limitations thus encourage the wrong behaviour of truck operators and it is

    in their interest to overload as much as possible and travel as far as they possibly can

    with the given payload.

    It should be appreciated that the above mentioned limitations are mostly associated

    with the legislation and associated enforecement, and in terms of the actual

    performance of the weigh stations there were a number of positive observations:

    • The staff from the Department of Communication were well disciplined, well

    trained and skilful for performing their task;

    • The weigh stations consist of modern, well maintained and fit for purpose

    equipment;

    • 100% of all passing vehicles are being weighed, plus according to staff the

    weighing of vehicles is being undertaken for 24 hours; and

    6 A small portion of vehicles would be prosecuted because any evidence of fines from an earlier weigh bridge

    indemnifies further prosecutions

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    • Good records are kept of the offences and the actual weights observed.

    Further practices and developments on overloading are discussed in Section 3.4.

    The workmanship and resulting performance of existing pavements is also one of the

    main risk factor for contractors. This risk is acknowledged and will be addressed

    through the PBC contract and these strategies are discussed in Section 7.5.

    The industry raised a concern over the existing cost escalation practices, which will

    need to be reviewed during the contract preparation period. The contractors perceive

    this to be a risk to them. It is noted that this is an international issue, particularly in

    recent years where the price of fuel and bitumen (both major inputs to a maintenance

    contract) have been often running well ahead of the general inflation rates.

    The provision of bonds for works is currently distorting the contracting market, with

    GOI companies often not required to supply bonds. To encourage an equal

    marketplace, all tendering parties will need to have equal requirements placed on them.

    3.2.4 Tendering Short listing Criteria

    During the initial stages of the PBC style contracts in Indonesia all tenders should be

    required to go through a pre-tender qualifying round during which a short list of

    companies will be selected for the full tender. The tender process is further discussed

    in Section 7.5.5. The objectives of the pre-qualifying stage of the tender are to:

    • ensure that only tenderers with the required technical skills and capacity proceed

    through to the full tendering process;

    • identify tenderers having staff and sub-contractors/consultants with relevant

    experience for the PBC contract;

    • ensuring that tendering companies have robust financial status in order to handle

    the longer-term contract style and be able to manage the perceived risk on the

    contract; and,

    • minimise the industry wide costs associated with preparing tender documentation.

    The criteria to be included to the pre-tender qualification would therefore include:

    • company financial statement and insurance details (including bond details);

    • track record and relevant experience;

    • summary of staff with specific skills and experience relevant to roles identified for

    the project;

    • contractor’s ability to demonstrate adoption / implementation of innovative

    practices;

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    • details of intended partners and sub-contractor/consultants proposed for the

    project; and

    • ISO 9001 or 9002 certification.

    3.3 Consultant Capacity

    3.3.1 Interviews

    A number of consultants from Indonesia have been interviewed, with the most notable

    interaction being a meeting which was held with Inkindo (the association of consulting

    engineers in Indonesia). During this meeting six consulting companies were present.

    A number of one-to-one meetings were also held.

    Interviews (either in person or via telephone) were also undertaken with four expatriate

    consulting firms working in Indonesia to ascertain their capabilities and their

    appreciation of the local industry.

    3.3.2 Summary of Capabilities

    Appendix C contains an overall summary of consultants’ capabilities in Indonesia. It

    was observed that the consultants have very good skills, and with an alternative

    contract mechanism they could offer more. For example it seems that there is a move

    towards consultants starting to have more powers and delegation for their construction

    supervision work.

    An uncertainty was observed from consultants in terms of the specific responsibilities

    and opportunities they will get from a change towards a PBC type contract

    arrangement. The initial thoughts were that consultants would have a double function

    in the PBC approach as illustrated in Figure 1 (note that an alternative structure is

    presented in Figure 21). This structure would create double opportunities (albeit they

    would be mutually exclusive, in that one company would not be able to fulfil both roles)

    for the consulting industry to become involved with the PBC contracts.

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    Figure 1: Assumed Roles of Consultants in PBC Concept

    The consultants have most skills and relevant experience required for the respective

    roles envisaged for the PBC contract type. There would however be an increased

    demand on robust experience in quantitative forecasting of maintenance needs

    (Consultant 2 role). These skills obviously coincide with enhanced skills in the area of

    pavement management systems such as IRMS. In terms of involvement with

    contractors it would be essential for the consultant to have a strong partnership

    relationship with the contractor. This relationship would further be strengthened if

    consultants are able to demonstrate their added value for the contractor rather than

    having a monitoring role according to current engagements. This highlights a key

    mindset difference which applies to PBC contracts.

    The consultants will also have to adjust to having more accountability for design and

    scheduling outcomes. This is going to be a significant responsibility shift for

    consultants, which will have to be managed with care. It is likely that to be successful,

    the local consultant and contracting industry will require some international specialists

    in their consortiums.

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    3.3.3 Issues to Consider in Framework

    The main consideration for the PBC framework is to facilitate the enhanced

    involvement of the consultant. Figure 1 illustrates the two distinct consultant roles

    which will be involved with the PBC contracts. The Management Board proposed for

    the PBC concept is further discussed in Section 7.5.2.

    The proposed structure would therefore call for two appointed consultant roles. The

    PBC consultant would be engaged as a specialist advisor to the Department.

    Consultant 2 would be part of a partnership or sub-consultancy arrangement direct with

    the contractor. Since consultant 2 is not tendering individually for the work, it is

    important to strongly encourage the contractor to employ the required skills.

    RECOMMENDATION: CONSULTANTS FORMING PART OF THE CONTRACTOR’S TEAM FOR THE PBC CONTRACT SHOULD BE

    ENCOURAGED THROUGH SPECIFYING THE REQUIRED SKILLS IN THE TENDER DOCUMENT. CONSIDERATION SHOULD ALSO

    BE GIVEN TOWARDS PROFESSIONALLY ACCREDITED SIGNING OFF OF DESIGNS SUBMITTED BY THE CONTRACTOR.

    3.3.4 Tendering Short listing Criteria

    The criteria used to rate the consultant’s capability for the two roles indicted in the

    preceding section would be the same. The successful PBC Consultant would however

    be excluded from any role in the contract consortium (Consultant 2). The capability

    issues to be considered for the consultant include:

    1. Professional registration;

    2. Track record and relevant experience;

    3. Summary of staff with specific skills and experience for:

    • Geometric and pavement design

    • Pavement investigation and maintenance planning;

    • Pavement Management Systems;

    • Construction and rehabilitation supervision;

    • Reporting against performance criteria;

    • Contract documentation development and tendering processes;

    4. ISO 9001 certification.

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    3.4 Government Department(s) Capacity

    3.4.1 Overview

    There are many different government departments involved in some way with the

    delivery of road maintenance in Indonesia. Figure 2 provides an overview of how the

    primary government departments come together to deliver road maintenance at

    present. Each of the different departments were interviewed to determine their

    specific view on both the current and proposed methods of delivering maintenance on

    the nation’s road network.

    Government of Indonesia (GOI)PBMC Institutional Arrangements

    Directorate General of Highways

    (DGH)

    Ministry of Communications(MOC)

    Directorate General of LandCommunications

    (DGLC)

    Ministry of Public Works(MPW)

    Directorate of

    Road Traffic andTransport

    Directorate ofTransport Safety

    Directorate ofPlanning

    Project

    ManagementUnit

    (PMU)

    Ministry of Finance(MOF)

    DirectorateGeneral of

    Treasury(DGT)

    DirectorateGeneral ofBudgeting

    Overloadedvehicles Accident

    blackspots

    Ministry ofPlanning

    (Bappenas)

    IRMS

    Strategic RoadInfrastructure

    Project(SRIP)

    Roles and Responsibilities in Relation to PBC

    Nationalplanning

    coordination

    Policy and

    cashflow

    Total budgetLoans

    CostingsRoadsidefurniture

    Directorate ofRoad andBridges

    (by region)

    Road assets

    Directorate of

    TechnicalAffairs

    Figure 2: Government Ministries

    3.4.2 Interviews

    Interviews were undertaken with the following government departments to both

    understand their view on PBC and to ascertain their capacity to implement such as

    contract form. The outcomes of the interviews are as follows.

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    Ministry of Finance (both Treasury and Planning departments)

    Treasury

    The MOF expressed concern over the impact of a 5 year contract on local

    employment opportunities.

    The approval of the Minister of Finance is required before a multiyear contract

    can be signed (if funded through government funds). Before doing so, the

    Minister would need to see the benefits of a multi-year maintenance contract

    (hence the need for a trial). They have traditionally used multi-year contracts

    from construction of large infrastructure projects, but have not undertaken any

    multi-year maintenance projects.

    RECOMMENDATION: SHOULD THE PILOT TRIAL BE SUCCESSFUL, THE MOF OBTAIN APPROVAL TO ALLOCATE UP TO A

    CERTAIN PERCENTAGE OF THE ANNUAL ROAD FUNDS TO MULTI-YEAR CONTRACTS. THIS WOULD ENABLE CONTRACTORS

    TO BID ON FUTURE PROJECTS WITH CERTAINTY OVER PAYMENT PROSPECTS.

    The MOF see the benefits of the PBC approach in terms of both there being a

    single point (company) to blame for defects, and the efficiency gains that

    should result in either a higher level of service, or else a reduction in financial

    needs.

    The MOF believe that the tax payers are getting wiser and want better and

    better roads.

    Planning

    An issue was raised with regard to the need for a clear definition between what

    is rehabilitation and what is routine maintenance. Concern was raised by the

    MOF with regard to what happens if a section of road in year 5 clearly needs

    rehabilitated and is costing a lot in maintenance, should the contractor have to

    maintain, or should it be rehabilitated. This will be addressed in the contract

    documentation and associated KPMs.

    Also there was a question as to what happens after the five year period, and

    the framework document needs to cover that issue. In addition to this, there

    was the question of how to change the standards every five years.

    The risks around overweight vehicles were also raised by the MOF.

    Ministry of Communications/Directorate General of Land Communications

    Overloading

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    With regard to the overloading issues, the MOC are currently involved in a pilot

    trial of an initiative in Sumatra and Aceh. The results (refer to Figure 3)

    indicate a real improvement in the overloading situation, and suggest that if

    such a process were implemented elsewhere similar results could be achieved.

    Source: DGLC (2005)

    Figure 3: Overloading Enforcement Impact

    Within the North Java Corridor area, the local DGLC staff have implemented

    an initiative that gives further hope that the overloading issue can be

    controlled. This local initiative, involves a staged approach to forcing vehicles

    to turn around when overloaded. Currently the focus is on vehicles more than

    60% overloaded, with a gradual decrease down to a 25% target by December

    2006.

    One area of weakness identified by the DGLC is in relation to the level of fines

    applied. The current fines of nominally Rp20,000 (independent of level of

    overloading) are not sufficient to change overloading habits. It is

    recommended that legislation be passed that sets the minimum fine payable at

    a level that dissuades drivers from carrying overweight loads.

    Advice was received that there is a current proposal to implement the

    overloading enforcement throughout Java over the next 5 years, and that it

    would be appropriate to run the PBMC and the overloading projects in tandem.

    Furthermore, it was advised that the best option would appear to be the

    government retaining the weighing (and fining) tasks, with the PBMC

    Contractor involved in monitoring the performance of the weigh station.

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    There is also a move towards fining the owner of the vehicles rather than the

    driver. In this way larger fines could be applied which would garner greater buy

    in from industry. It was noted that a some weigh stations that only a small

    percent of trucks were weighed and that record tampering and corruption was

    occurring.

    Safety

    The DGLC are also responsible for road safety. Recent campaigns have

    focussed on seat belt wearing, the use of appropriate motorcycle helmets and

    the like. They are currently attempting to integrate data sourced from the

    police, the insurance companies and hospital records.

    The DGLC are involved in the identification and mitigation of accident black

    spots. They also see the need for road safety audits to assist in lowering the

    road toll.

    It is noted that within the PBMC environment that the Contractor would

    typically be required to undertake minor safety works at contractual unit rates.

    Asset Ownership and Maintenance

    With respect to the asset ownership and maintenance aspect of the DGLC

    operations, an interview was not able to be arranged during the time the team

    were in Jakarta despite various attempts. However a teleconference was held

    on 7 December to complete this item of work (list of participants during

    teleconference is contained in Appendix A. Comments raised during the

    teleconference include:

    • Real problem to have good roads all the time, need a consistence

    maintenance base to start with

    • Support for the proposal at all levels of government

    • Happy to combine assets into a single maintenance contract where the

    necessary skills exist. This may result in some assets being retained

    by MOC, such as the load cells at the weigh stations.

    RECOMMENDATION: FURTHER DISCUSSIONS ARE HELD WITH THE MOC/DGLC AND CONTRACTORS TO DETERMINE

    WHAT ASSETS SHOULD BE INCLUDED INTO THE PBMC

    Bappenas

    Bappenas play a key role in the overall planning of the country’s infrastructure

    needs and how the assets are maintained. Their role is one of how to plan

    and build a system that is integrated across all investments.

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    They perceive that there are issues for the MOF with regard to the

    guaranteeing of financing of multi-year contracts, and overloading.

    Some issues that Bappenas perceive include that each local government has

    different regulations on vehicle sizes and the fines for overloading.

    It is noted that while the proposed pilot trial site (refer to Section 5.3) is

    enclosed within the Central Java region, it does span many road controlling

    authorities at a local level.

    Overall Bappenas advised that they support the PBC ideals, and in particular

    have a focus on maintaining the existing assets before constructing new

    assets. They recognise that with the longer contract term, the contractor can

    invest in equipment and people.

    Bappenas do not believe that the tender should be on a lowest price basis,

    and they desire a quality aspect to evaluation of the bid.

    RECOMMENDATION: THE PBC TENDER PROCESS MUST BE STRUCTURED IN A WAY THAT THE APPROPRIATE SKILLS AND

    CAPACITY IS SECURED WHILES ENSURING THE MOST COST EFFECTIVE PRICE

    DGH

    The existing routine maintenance activities are undertaken by in house forces.

    Accordingly the DGH have significant experience in the reactive correction of

    faults on the road network. What is not clear is their experience in predicting

    the future maintenance needs of the road network – although the IRMS project

    does include HDM-III (and soon HDM-4), which should assist in this area.

    The DGH are also responsible for the current identification and treatment

    selection of periodic treatments. The resulting physical works are currently put

    to tender on the open market, such that there would be little change under the

    proposed PBC pilot trial.

    IRMS Team (part of DGH)

    The meeting with the IRMS team was undertaken to determine both the

    capacity of the personnel involved in running the system, and the ability of the

    system itself, to support a PBC. It is noted that at present the IRMS team

    have ARRB TR assisting them in the operation and upgrading of the IRMS

    system.

    With regard to the IRMS system, one significant deficiency identified was that

    of their not been an ability to store maintenance data. The project team

    working on the IRMS update, noted that this was a recognised deficiency, but

    no plans were in place to address it.

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    RECOMMENDATION: THAT CONSIDERATION BE GIVEN TO IMPLEMENTING A MAINTENANCE COST MANAGEMENT SYSTEM –

    EITHER AS A MODULE WITHIN IRMS OR AS A STANDALONE SYSTEM, SUCH THAT THE DGH IS WELL POSITIONED TO MAKE

    LIFE CYCLE DECISIONS IN THE MANAGEMENT OF THE ROAD NETWORK.

    The IRMS system is populated with data relating to roughness, visual

    condition surveys, traffic counting. It has a robust location referencing system,

    including the use of GPS/GIS to accurately manage the data.

    Overall, the team managing the IRMS system appear to have good skills and

    capabilities with respect to the system, while a strong input from the ARRB

    team is also recognised.

    Data (condition and traffic) is collected via annual surveys, with this work being

    let to an external contract. There is some concern over the level of validation

    of the data, and it is likely that the current data is not sufficiently robust to let a

    PBC contract.

    3.4.3 Summary

    In summary it is considered that the government agencies have the capacity to

    undertake a pilot trial of PBC, although there will need to be some training of staff to

    enable them to adapt to their new roles and responsibilities.

    3.4.4 Issues to Consider in Framework

    The following are issues that will need to be considered within the framework

    document:

    • The current data within IRMS is unlikely to be completely suitable for

    benchmarking the condition of the asset, or for contractors to tender with

    confidence. Therefore additional data collection will be required.

    • The longer term issue of the MOF not being able to enter into multiyear

    maintenance contracts without direct Ministerial approval on a case by case

    basis.

    • How to handle the shared ownership of assets within the road corridor

    between the DGH and the MOC. This is an issue for both the pilot trial and for

    the longer term situation within the wider road network.

    • Approach to controlling/reducing the overloading of vehicles.

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    3.5 Overall View of Industry Capacity

    Based on the previous discussions, Table 6 presents a summary of our findings of the

    industry capacity in relation to the various activities that will be required to deliver a successful

    PBC.

    Table 6: Overview of Capacity

    Activity Government Contractor Consultant Action / Comment

    Staff resources � � � Resources are available, but will require

    some training in new approach

    Physical resources NA � NA Contractors have (or could readily get) the

    resources needed

    Maintenance management � Not system

    based

    Limited Training to be provided on maintenance

    management

    Maintenance activities � Limited to

    new roads

    only

    Limited Training to be provided on maintenance

    activities

    Long term contracts Limited to

    construction

    contracts

    Limited to

    construction

    contracts

    Limited to

    construction

    contracts

    Previous long term contracts are only of a

    construction type.

    Quality assurance NA � � Generally ISO or equivalent

    Pavement and surface

    understanding � � � All parties understand pavement and

    surfacing design

    Multi-asset experience � � � Responsibilities to be qualified for PBC tender

    Project management � � � Management of large contracts is routine

    IRMS experience � No Limited Will need training

    Data collection and analysis � Analysis

    only � All parties have experience in interpreting

    data.

    Tender document development � NA � External input will be required for initial PBC tender

    Partnering experience NA � � Both consultants and contractors often

    work in partnerships on large projects

    Careful considerations should be given

    towards required partnerships for PBC

    Business risk processes NA � � Part of standard operating procedures

    Legislative capacity � NA NA Longer term there will need to be a clarification of the MOF position with

    respect to multi year maintenance

    contracts. Also legislation surrounding

    private companies operating weigh

    bridges, with associated enforcement

    issues.

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    4 Task A2: Assets to be Included

    4.1 Introduction

    As a general rule, the more of the assets that can be included within the contract the better,

    with an ideal situation being a single contractor covering all road assets7 within the road

    corridor. This is based on three primary reasons:

    • The efficiency of having a single contract covering the area. Efficiency gains are made in

    both the administration and physical maintenance activities by having fewer contracts.

    • The removal of finger pointing for non-performance, wherein one contractor blames the

    other. This is often an issue where one activity (say vegetation mowing) can have an

    impact on another (say litter collection).

    • A greater sense of ownership8 by the contractor, which instils more pride and hence a

    better experience by the road user.

    However, the above needs to be tempered by considering items such as the capacity of the

    industry to maintain the assets, and the legislative (or other) changes necessary to combine

    assets currently owned and maintained through different government departments.

    This task reviews the current ownership of the assets within the road corridor, before

    examining different contractual mechanisms that could be used. It then produces a

    recommendation on what assets should be included within the PBC contract.

    4.2 Current Ownership

    Within this report, the context of “ownership” means the agency that is responsible for the

    creation, maintenance, and ultimately disposal of an asset. It is likely that all assets are

    ultimately owned by the GOI.

    As noted within the TOR, the current asset ownership is as defined in Table 79. It is noted

    that for those assets owned (and maintained) by the MOC, when betterment or capacity

    works are undertaken, the initial installation of the MOC assets is completed by the DGH

    contractor. The MOC then take over the maintenance of the assets.

    7 For this purpose, road assets include the pavement, drainage structures, signs, markings, street lighting,

    guardrails, cut and fill batters, etc. It does not include utility services such as telecommunications, water

    supply or the like. 8 While ownership will not pass to the contractor, the desire is to create within the contractor the same

    responsibilities and pride that would come from ownership. 9 Within the TOR, the guardrails were assigned to the DGH, we have been advised by DGH that this should

    be MOC.

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    Table 7: Asset Ownership

    Asset Current Owner/Maintainer

    Pavements and surfacings DGH

    Bridges DGH

    Signs, signals and lighting MOC

    Minor structures and culverts DGH

    Drainage DGH

    Line marking MOC

    Guideposts and mile posts MOC

    Guardrails and barriers MOC

    Cut and fill batters DGH

    Weigh Bridges MOC

    As noted in Chapter 3, the industry has little experience in maintaining the assets, apart from

    during an initial post construction maintenance period of up to 1 year. Therefore, there will

    always be some risk that in moving to a new method of delivery experience will not currently

    exist. This risk will need to be mitigated through the selection process of the contracting

    consortium (refer to Section 3.2.4), training and knowledge transfer.

    4.3 Discussions with MOC

    Discussion was held with the asset section of the MOC/DGLC via telephone conference, with

    them being in support of a single contract approach (refer to details in Section 3.4.2)

    RECOMMENDATION: DGH AND MOC AGREE ON ASSETS TO BE INCLUDED INTO THE PBC AND THE IMPACT ON SOURCES

    OF FUNDING, STANDARDS AND REPORTING FOR THE MOC ASSETS.

    4.4 Utilities within the Road Reserve

    Utilities (gas, power, telephone, water etc) located within the road reserve should not be

    included within the contract. However, the PBC Contractor will be required to:

    • Not damage or otherwise interfere with utility operator assets

    • Work with utility operators to encourage installation in the best location with regard to

    maintenance of the road asset

    • Encourage quality reinstatement of the road asset after utility installation or

    maintenance.

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    Further discussion on utilities is made in Section 7.3.1.

    4.5 Contractual Options

    Various contractual options exist in terms of managing the full scope of assets noted within

    Table 7. These include:

    • One joint contract

    Under this option the maintenance of all assets within the road corridor would be let as

    a single contract to a single contractor (refer to Figure 4). This would necessitate the

    MOC agreeing with the DGH taking responsibility10 for the MOC assets, and in return

    the DGH agreeing to maintain them to a documented standard.

    MOC

    DGH

    PBCContractor

    Figure 4: Structure of One Joint Contract

    A variation of this may be that the MOC agree to DGH taking responsibility for part of

    the MOC assets (e.g. the line marking, guideposts and mile posts), with the MOC

    retaining the signs, signals and lighting assets.

    It was noted by the DGH that this is their preferred contract mechanism.

    • Two contracts to one contractor

    Under this scenario, the DGH and MOC would agree to let two independent contracts,

    but with a single contractor winning both (refer to Figure 5). While this would be

    slightly messier than the above approach in terms of the reporting mechanism and

    management structure (both MOC and DGH would likely want representation), it would

    still remove the split responsibility approach.

    10

    The MOC would still own the assets, but the DGH would be responsible for the maintenance of existing

    assets. Such an agreement may be the provision of back-to-back performance standards for the MOC

    assets.

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    MOCDGH

    PBC Contractor

    Figure 5: One Contractor with Two Contracts

    • Two separate contracts

    This approach is akin to that currently in practice, where those responsible for the

    DGH and MOC assets work independently of each other as indicated in Figure 6.

    MOCDGH

    PBCContractor

    MOCContractor

    Figure 6: Two Contracts to Two Contractors

    RECOMMENDATION: IF MOC AGREE TO DGH MAINTAINING ALL OR PART OF THEIR ASSETS, THAT A SINGLE JOINT

    CONTRACT APPROACH BE IMPLEMENTED.

    4.6 Recommendation

    With regard to the assets to be included, Table 8 contains the recommendation on asset

    inclusion into the PBC contract. This is based on our discussions with industry and the DGH

    about how the construction of new assets takes place.

    Table 8: Asset Inclusion to PBC Contract

    Asset Include in PBC Pilot Trial Contract

    Pavements and surfacings Yes

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    Bridges Yes

    (only routine maintenance of cleaning, rail repairs and waterway

    maintenance, major periodic works such as deck replacement are

    excluded from PBC)

    Signs, signals and lighting Partial

    (small signs included, large gantries and street lighting excluded)

    Minor structures and culverts Yes

    Drainage Yes

    Line marking Yes

    Guideposts and mile posts Yes

    Guardrails and barriers Yes

    Cut and fill batters Yes

    (will need to be a limitation as to the nature of works included. Small

    slips and maintenance of drains on cut and fills should be included,

    large scale failures should be excluded from the lump sum, but may still

    be included in the contract)

    Weigh Bridges Yes

    Utilities influences Yes (contractor to approve backfill quality)

    Minor Safety Works On a provisional sum basis

    Minor Capital Works Up to a certain value

    In addition, it is considered that the current split asset ownership within the road corridor

    creates unnecessary duplication of efforts, with no (or little) perceived benefit. As a longer

    term issue (outside of the PBC context), the continuation of the current asset ownership

    should be reviewed.

    RECOMMENDATION: AS A LONGER TERM STRATEGY, CONSIDERATION BE GIVEN TO MOVING THE MOC ASSETS NOTED IN

    TABLE 7 INTO THE DIRECT OWNERSHIP (REFER TO SECTION 4.2) OF THE DGH, WITH THE MOC RETAINING THE PRIMARY

    ROLES OF LAW ENFORCEMENT, SAFETY PROGRAMMES AND THE LIKE. NOTE THAT THIS IS NOT A PBC ISSUE, BUT RATHER

    AN OBSERVATION ON WHAT MAY ASSIST IN THE OVERALL MANAGEMENT OF THE ROAD NETWORK.

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    5 Task A3: Criteria for Pilot Sites

    5.1 General Criteria

    Within the TOR and associated documentation, the following criteria were identified for the

    selection of pilot sites:

    • Maintenance of local competition

    • Capacity of local industry

    • The size of the contract that the local industry can handle

    • Risks needing to be not significantly higher than elsewhere on the network (including risks

    from natural events)

    • No significant events that may affect the future management of the road

    From our observations and consultation, all the above are valid criteria for the selection of a

    pilot trial site (and indeed for the longer term implementation of PBC across Indonesia).

    However, we also consider that the following additional criteria are equally important and need

    to be considered when selecting a site for PBC implementation:

    • Knowledge of PBC concepts and desire by local DGH staff to make PBC work. For the

    PBC to be successful, it requires equal commitment from all parties.

    • Operational asset understanding. This is the understanding of how the asset is operating,

    what the network specific concerns are etc.

    • Historical maintenance cost data. This is to assist the contractor to price the contract

    and to identify areas of high risk to be closely monitored. While not essential (as it is not

    widely available in most countries) to the PBMC being successful, it does assist in

    managing risks on the network.

    • Asset data, including robust location referencing, inventory, condition and pavement

    capacity.

    • Reliability of traffic loading forecasts. Traffic loading is a significant risk which must be

    fully understood before it can be allocated rationally between the contractor and the DGH.

    • Availability of resources to all contractors. If one contractor owns the local quarries and

    asphalt plant, then they could have a significant advantage.

    • Value of initial betterment works should not exceed 50% of the total budget. Otherwise

    the focus moves from maintenance to construction.

    • Location of weigh bridges. The presence of such within the contract length (or

    immediately adjacent to it) will assist in mitigating the risks of overloaded vehicles.

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    5.2 Recommended Criteria

    Based on the above, we have developed the following as a list of criteria against which sites

    can be checked (refer to Table 9). We have included a nominal “importance” factor to

    provide a level of ranking to the criteria. It needs to be recognised that there is unlikely to be

    a perfect site, and therefore some criteria will not be met. However, we strongly advise that

    those of a very high ranking be considered essential to the site selection.

    Table 9: Site Selection Criteria

    Criteria Importance

    Maintaining of local competition High Capacity of local industry Very High The size of the contract that the loc