Performance Based Contracts (PBCs) for Road Maintenance: From Concept to Practice

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This presentation was delivered by Dr. Gunter Zeitlow on 29 July 2015 at the ADB headquarters in Manila. This was a joint knowledge sharing session of the Central and West Asia Transport and Communications Division, Operations Network Group and the Transport Sector Group.

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  • 1

    e-mail: [email protected]

    http://www.zietlow.com

    http://www.performance-based-road-contracts.com

    Dr. Gunter Zietlow

    Road Asset Management and

    Performance Based Contracts

    Asian Development Bank (ADB)

    Manila, July 29th 2015

  • 2

    Overview of Presentation (1)

    Introduction

    What is Good Road Asset Management?

    PBC concept Background

    Characteristics

    Brief History

    Benefits

    Performance standards

    Risks

    Performance monitoring

    Payment and Incentive Systems

  • 3

    Overview of Presentation (2)

    Key external and internal factors associated with the implementation

    of PBCs

    Framework (Legal, Financial, Institutional)

    Role and capacity of road agencies

    Role and capacity of consulting and contracting industry

  • 4

    Overview of Presentation (4)

    Implementation experiences in developed and developing countries

    Lessons learned

    Role of financing institutions

  • 5

    Introduction

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    Source: Unknown

  • 7

    Road Conditions in the 1980s

    In spite of their importance, roads in many developing countries are still

    under-financed, poorly managed and

    badly maintained.

    Normally, only 20- 40% of the amounts required is being spent on routine and

    periodic maintenance.

    1/3 of the main road networks are in good

    1/3 in regular and 1/3 in poor condition.

  • 8

    Importance of Timely

    Maintenance

    When roads are in poor condition every $ saved in road conservation will cost:

    $ 2 to road users in additional vehicle operating costs and

    $ 2 to the road administration (or the tax payer) in reconstruction

    and rehabilitation costs.

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    What is Good Road Asset

    Management?

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    Road Asset Management (RAM)

    Good Road Asset Management is a systematic process of maintaining,

    upgrading, expanding and operating

    road, bridge and road side assets, using

    engineering principles with sound

    business practice to effectively and

    efficiently allocate and utilize resources

    for the provision of well defined levels of

    service to satisfy public expectations.

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    In the long run

    the best way of effectively and

    efficiently manage road related assets

    is through Performance Based

    Contracting (PBC)

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    PBC Concept

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    Performance Based Road Contracts

    Performance Contract (Western Australia)

    Asset Management Contract (USA)

    Performance-Specified Maintenance Contract (Australia, New Zealand)

    Contract for Rehabilitation and Maintenance (Argentina, Brazil)

    Area Maintenance Contract (Finland, Ontario/Canada)

    Managing Agent Contract (UK)

    Output and Performance Road Contract (World Bank)

  • 16

    Type of Contracts

    Method based contract Unit rates for work items

    Payments are based on quantity of completed and measured work

    Pure performance contract (PBC) Performance Standards or Service Quality

    Levels

    Fixed monthly payments if service quality levels are complied with

    Hybrid contract (PBC) Mixture of method based contract and

    performance contract

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    Characteristics of PBC

    Performance or Service Levels define the minimum conditions of road, bridge and traffic

    assets as well as the management and operation

    of the assets during the entire contract period,

    leaving it mainly to the contractor as to how to

    achieve them.

    Lump sum payments are made periodically (mainly monthly) and might be adjusted in

    accordance with the change of certain factors,

    like inflation or unexpected increases of traffic

    volume.

    Major emergency, rehabilitation and improvement works might be paid based on unit prices for

    works agreed case by case.

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    Characteristics of PBC (2)

    Deductions are being made for non-compliance with terms and conditions of contract, especially

    with respect to the service levels.

    Duration of contracts should at least include one periodic maintenance cycle (4-5 years for gravel

    roads and 8-12 years for bituminous roads). Pure

    routine maintenance contracts are normally

    between 1-3 years. Pilot contracts may be of

    shorter duration.

  • 19

    Characteristics of PBC (3)

    Complexity

    Contract duration in years

    2 4 6 12 10 8 14

    Routine

    maintenance

    Routine and periodic

    maintenance

    Construction, periodic and

    routine maintenance

    Up to 30 years

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    Characteristics of PBC (4)

    Duration of contract

    Relationship of required skills as a function

    of the duration of PBC

    Typical RAM skills Prediction of asset deterioration

    Quality assurance management

    Typical contractor skills

    Skills

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    Characteristics of PBC (5)

    Road Network

    Management and Operation

    Routine

    Maintenance

    Periodic

    Maintenance

    Rehabilitation Improvements Emergencies

    Potential Scope of Services and Works

    Winter

    Services

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    Characteristics of PBC (6) Contractual Relationship Full PBC

    Client/

    Road Administration

    Consultant/Contractor

    Full Performance Contract

    Audit

    by Client

    or External

    Auditor

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    Characteristics of PBC (7) Contractual Relationship with Hybrid Type PBC

    Client/

    Road Administration

    Road Manager

    Engineer

    New Type

    Contractor

    Performance or

    Conventional Contract Hybrid type PBC

    Inspection of Compliance with Service Levels

    Supervision for Admeasured Work

    Audit

    by Client

    or External

    Auditor

  • 24

    Typical Implementation of PBC

    Options

    A. Paved roads (corridor or network)

    1. Pure routine maintenance

    a) Off-road maintenance (1-3 years)

    b) All routine maintenance, except for risky items (1-5

    years)

    c) All routine maintenance (4-10 years)

    2. Rehabilitation, backlog maintenance, routine

    maintenance, winter services, periodic

    maintenance, Emergencies

    a) Only routine maintenance paid on lump-sum (5-

    10years), rest on unit prices

    b) Paid on lump-sum (10-30 years)

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    Typical Implementation of PBC

    B. Unpaved roads (corridor or network)

    1. Pure routine maintenance

    a) Off-road maintenance (1-3 years)

    b) All routine maintenance (1-4) years)

    2. Rehabilitation, backlog maintenance, routine

    maintenance, winter services, periodic

    maintenance, eEmergencies

    a) Only routine maintenance paid on lump-sum (4-5

    years)

  • 26

    Brief History of PBC

    1988 British Columbia, Canada

    1990 Argentina

    1994-98 Colombia, Uruguay, Chile, Brazil, Peru

    1995 Sydney, Australia, Estonia

    1996 Virginia, USA

    1998 New Zealand, Finland

    2001 Chad, Zambia, England, India, Spain

    .............

    Drivers: efficiency and effectiveness

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    Source: World Bank, 2006

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    Benefits of PBC (1)

    Road Agency Reduces maintenance cost (based on

    the same level of service!)

    Avoids frequent claims and contract amendments to increase quantities of works by contractor

    Avoids road rehabilitation

    Improves quality of works

    Improves control and enforcement of effective road quality service levels

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    Benefits of PBC (2)

    Road Users

    Provides better and safer roads with consistent conditions

    Reduces road user cost

    Consultants and Contractors

    Guarantees workload over longer period

    Provides potential for increased margins

    Opens excellent opportunities for business growth

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    Reported Savings by Introducing

    Performance Contracts

    New Zealand: 15-22%

    Australia: 10-35%

    Brazil: 15%

    USA: 10-18%

    Finland: 18%

    Alberta, Canada: 20%

    Savings are reported against traditional unit price

    contracts

    In addition, quality improvements were reported

  • 31

    Development of Road Maintenance

    Cost in Sydney, Australia

    0 10 20 30 40 50 60 70

    Time (months from June 1991)

    0

    20

    40

    60

    80

    100% 1991 Rates

    RTA

    SOR Contract

    Transfield ContractPerformance Specified Road Maintenance Contract

    (Team of the Roads and Traffic Authority of New South Wales)

    Private contractor

  • 32

    Some Reasons for Reduction in Road

    Maintenance Cost

    Drivers of savings: Incentives / competition / long-term management

    Modern management and work procedures

    Increased labour productivity

    Total life cycle costing

    Just-in-time maintenance

    Better use of latest technologies

  • 33

    Performance / Service Levels

    Objectives

    To satisfy the road user accessibility

    comfort

    travel speed

    safety

    To minimize total system cost (cost to road users and agency life-cycle cost of assets)

    To minimize environmental impacts

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    Service Levels and Response Times

    Fulfil objective

    Clearly defined

    Objectively measurable

    Affordable

    In compliance with the law (law of public roads, ordinance on maintenance and

    protection of roads)

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    Relationship between Objectives

    and Service Levels

    Improve road safety: Potholes not bigger than 15cm in diameter, ruts 0.4, etc.

    Preserve road asset value: Cracks not wider than 3mm, potholes not bigger than 15cm, obstruction of drainage channels 50 km/hr

    ............

  • 36

    Typical Service Levels and Response Times

    for Paved Roads

    Typical Traffic Volumes

    (Vehicles/day)

    Less

    than 250

    250 1000

    1000 -

    5000

    5000 -

    plus

    Potholes (Max Dia of any single

    pothole)

    400mm 300mm 200mm 100mm

    Repair of potholes (Response time) 28 days 28 days 14 days 7 days

    Cleanliness of pavement surface

    and shoulders response time for

    safety related matters (Response

    time)

    8 hrs 4 hrs 2 hrs 1 hr

    World Bank

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    In-house

    Mainte-

    nance

    Outsourcing

    Specific

    Maintenance

    Works

    Performance-Based

    Road Management and

    Maintenance Contracts

    Long-term Road

    Concessions (BFOT)

    Short-

    term

    Medium-

    term

    Long-

    term

    Risk to contractor increases

    Risk to road agency decreases

    Distribution of Risk

  • 38

    Performance Monitoring

    Contractors self-control system with verification by client

    Joint inspections by client and contractor at certain time intervals

    Road user complaints

  • 39

    Payment and Incentive Systems (1)

    Fixed periodic payments for scope of works and services contracted under performance or service levels, mainly for routine maintenance works.

    Payments based on unit prices and quantities of work performed typically for risky work items such as Emergency and Unforeseen Works and often for periodic maintenance and rehabilitation works as well.

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    Payment and Incentive Systems (2)

    Periodic fixed payments to be reduced if contractor does not comply with the performance service levels

    Contract to be terminated prematurely for underperformance

    Some contracts include bonus payments

    Payment and incentive systems vary widely from one country to another

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    Key External and Internal Factors

    Associated with the Implementation of

    PBCs

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    Framework

    Legal Multi-year contracting

    Road maintenance regulations

    Financial Sufficient funding

    Multi-year financing

    Dedicated funds

    Institutional Separation of client and contractor

    Privatization of road maintenance

    Competition between contractors

  • 43

    Role and Capacity of Road Agency

    Role Manage a road asset management

    Implementation and development of PBCs

    Management and Supervision of PBCs

    Capacity Understanding of PBC concept

    Change of attitudes

    Additional skills

    Training and coaching

  • 44

    Role and Capacity of Contractors

    Role Long-term road asset management

    Proactive

    Services to the road user

    Capacity Understanding of PBC concept

    Change of attitudes

    New skills (road asset management)

    Lack of sufficiently qualified contractors

    Training and coaching

  • 45

    Role and Capacity of Consultants

    Role Promoter

    Designer

    Supervisor / Manager

    Trainer / coach

    Capacity Understanding of PBC concept

    Change of attitudes

    New skills

    Training and coaching

    Lack of sufficiently qualified consultants

  • 46

    Implementation Experiences

  • 47

    Complexity of PBCs

    Complexity

    Contract duration in years

    2 4 6 12 10 8 14

    Estonia 1995

    Estonia 2008

    Serbia 2004

    New Zealand 1998

    Ukraine 2014

    US 1997

    MAC UK 2004

    Finland1998

    Croatia 2015

    Finland 2008

    Birmingham UK

    27 years

    Micro enterprieses

    Latin America

    China

    Bangladesh

    Argentina 1994 (RMC)

    Punjab India 2012

    Future Malaysia 2016

    Malaysia 2000

  • 54

    Estonia

    1995 the Estonian Road Administration (ERA) launched two pilot performance contracts for

    routine road maintenance for national roads

    1995 to 2000 - ERA tested several one-year and two-year contracts, including winter

    maintenance

    Since 2000 several 5-year contracts have been awarded

    Since 2006 ERA moved to 7-year contracts

    As of 2008 100% of ERAs road network (16500 km, mainly gravel roads) is maintained under

    hybrid type performance contracts

  • 58

    Asian Countries (1)

    India 2013, Tamil Nadu, WB, 5-year PBCs with a total

    of 640 km

    2009, Andhra Pradesh, WB, 3 OPRCs active , 34 OPRCs implemented or under preparation (10000 km)

    2012, Punjab, WB, 10- year OPRC, 203 km

    Nepal 2003, WB, 2-year PMBC, 114 km

    2005, WB, four 5-year PMBC, about 50 km each

    2007, ADB, 5-year PMBC, 77 km

    Sri Lanka 2009 , eight 1-year routine maintenance PBCs

    2010, two 2-year routine maintenance PBCs

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    Asian Countries (2)

    Malaysia 2000, 6 area PBCs for all national roads for 15

    years each, in the process of prolongation

    Performance based toll road concessions, 1800 km, program started in 1983

    Vietnam

    2009, WB, one 3-year PBC, 300 km of national highway

    China

    2009, ADB, 4-year simple PBCs on 1300 km of rural roads with local community groups

    (Yunnan Province)

  • 60

    Asian Countries (3)

    Afghanistan 2006, EC, one 3-year PBC 140 km, routine + winter

    maintenance paid on lump sum

    2008, 5 PBCs on 1523 km of national and regional roads; 2011 two more PBCs on 250 km

    Tajikistan Two 3-year PBCs with initial repairs (10km) each 75 km

    long, lump sum for routine and winter maintenance

    Indonesia 2010, two 3-year PBCs, 21 and 11 km, basically

    rehabilitation contracts

    Malaysia 2000, 6 area-wide 15-year PBCs covering all national

    roads, only routine maintenance paid on lump sum

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    Lessons Learned (1)

    Highly positive in developed countries

    Mainly positive in developing countries with few teething problems

    Progress depends on the attitude of the road administration, the ability of consultants and

    contractors to implement PBC as well as the

    political backing of PBC

    Substantial cost reductions have been realized with few exceptions

    Road conditions have improved

    PBC supports efforts to secure long-term financing of road maintenance

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    Lessons Learned (2)

    Pilot projects are the best way to implement performance contracts

    Performance Contracts have to be tailored to each specific situation

    Preferably roads should be in maintainable conditions

    Qualification of contractors and supervisory staff of the client is key to

    success. To be reflected is PBC design

    Risks shall be assigned to the party that can best bear and manage the risk

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    Lessons Learned (3)

    Additional lessons learned in developing

    countries

    Project preparations requires consultants which have experiences in implementing

    PBCs in similar environments Right mix of unit price items and performance items

    Effective monitoring system

    Effective penalty system

    A gradual implementation of PBCs seems to be more sustainable

    Local contractors should be favoured

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    Lessons Learned (4)

    History of road construction and maintenance, a detailed condition survey

    and cost estimate needs to be made

    available to tenderers

    Training and coaching of client and contractors during the implementation

    phase helps to adjust to the new

    contracting system

    Subcontractors need training as well

    Overloading problems need to be taken care off

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    Lessons Learned (5)

    Payment reductions for non-compliance shall be applied strictly and shall be high

    enough to make the contractor to comply

    Escalation of payment reductions shall be foreseen for continued non-compliance

    Once under PBC roads should remain under PBC

    PBCs are not a silver bullet. Conditions need to be conducive!

  • 71

    Role of Financing Institutions (1)

    International Finance Institutions (ADB, WB, IDB, EBRD) have promoted and

    financed performance based road

    contracts for more than 15 years

    Supporting the institutional and financial reform process

    Supporting the Asset Management approach

    Support a stepwise and sustainable implementation of PBCs

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    Role of Financing Institutions (2)

    Financing of consulting services: awareness seminars, training programs,

    feasibility studies, contract design and

    bidding process, training and coaching

    during project implementation

    Financing of works and services

    Providing payment guarantees to PBC contractors

  • 74

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    Upcoming work

    Reference note on Performance Based Road Maintenance Contracts

    Analysis of RAM practices in CAREC countries

    Compendium of good practices on RAM in CAREC countries

    Hands-on project support in CAREC countries

    For details contact Ko Sakamoto (CWTC) at

    [email protected]