Road Maintenance Performance Contract (RMPC) Sole Invitee: Manual
Road Maintenance Performance Contract (RMPC) Sole Invitee: Manual
Road Maintenance Performance Contract (RMPC) Sole Invitee: Manual
http://creativecommons.org/licenses/by/3.0/au/
Feedback: Please send your feedback regarding this document to: tmr.techdocs@tmr.qld.gov.au
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015
Contents
1 Preliminary .....................................................................................................................................1
1.1 Introduction ..................................................................................................................................... 1
1.2 RMPC operating arrangements ...................................................................................................... 1
1.2.1 Historical .........................................................................................................................1
1.2.2 Competitive environment and best value .......................................................................2
1.2.3 Strategy-driven Maintenance .........................................................................................2
1.3 Vision statement for Sole Invitee RMPC delivery ........................................................................... 3
1.4 Defined terms in the RMPC documents ......................................................................................... 4
2 RMPC process key features ......................................................................................................6
2.1 Roles of the parties ......................................................................................................................... 6
2.2 Partnering ....................................................................................................................................... 7
2.3 Partners in Government Agreement (State and local governments).............................................. 7
2.4 The departments role ..................................................................................................................... 7
2.5 The Contractors roles .................................................................................................................... 7
2.5.1 Network steward .............................................................................................................7
2.5.2 Maintenance Manager and Supervisor ..........................................................................8
2.5.3 Operations Contractor ....................................................................................................8
2.6 Emphasis on planning .................................................................................................................... 8
2.6.1 General ...........................................................................................................................8
2.6.2 Planning prior to Contract Period (by the department and Contractor)..........................8
2.6.3 Planning during the Contract Period ..............................................................................9
2.7 Systematic Approach to the Management of Maintenance ............................................................ 9
2.7.1 General ...........................................................................................................................9
2.7.2 System procedures.........................................................................................................9
2.7.3 System outputs ............................................................................................................ 11
2.8 Financial management ................................................................................................................. 11
2.8.1 Discretionary management of expenditures ................................................................ 11
2.8.2 Variations ..................................................................................................................... 12
2.8.3 Progress Claims .......................................................................................................... 12
2.9 Initiation of Work ........................................................................................................................... 12
2.9.1 Intervention Levels/Response Times .......................................................................... 12
2.9.2 Department initiation.................................................................................................... 13
3 Key contractual elements .......................................................................................................... 13
3.1 Type of Contract ........................................................................................................................... 13
3.1.1 General ........................................................................................................................ 13
3.1.2 Duration ....................................................................................................................... 13
3.1.3 Composition ................................................................................................................. 14
3.1.4 Extent of changes ........................................................................................................ 14
3.2 Work included under RMPC ......................................................................................................... 14
3.2.1 Routine Maintenance .................................................................................................. 14
3.2.2 Emergency Maintenance ............................................................................................. 14
3.2.3 Minor Works (applicable to Contractors with Sole Invitee status) ............................... 15
3.2.4 Dayworks ..................................................................................................................... 15
3.2.5 Provisional Sums ......................................................................................................... 15
3.3 Liability for non-performance of Maintenance .............................................................................. 15
3.4 Quality, safety and environmental requirements .......................................................................... 17
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 i
3.5 Other significant features .............................................................................................................. 18
3.5.1 Insurance ..................................................................................................................... 18
3.5.2 Rework ........................................................................................................................ 18
3.6 Dispute resolution ......................................................................................................................... 18
4 The RMPC process ..................................................................................................................... 18
4.1 General ......................................................................................................................................... 18
4.1.1 Planning prior to agreement ........................................................................................ 18
4.1.2 Reaching agreement ................................................................................................... 22
4.1.3 Identify Maintenance in advance ................................................................................. 23
4.1.4 Plan and prioritise ........................................................................................................ 24
4.1.5 Undertake Maintenance .............................................................................................. 24
4.1.6 Record of completed Works ........................................................................................ 25
4.2 Administration of the Contract ...................................................................................................... 26
4.2.1 Contractor .................................................................................................................... 26
4.2.2 The department ........................................................................................................... 26
4.2.3 Additional Activities...................................................................................................... 26
4.3 Renegotiation ................................................................................................................................ 26
5 Productivity and performance ................................................................................................... 26
5.1 General ......................................................................................................................................... 26
5.2 Performance assessment methodology ....................................................................................... 27
5.2.1 Determining key performance indicators ..................................................................... 27
5.2.2 Performance initiatives ................................................................................................ 28
5.2.3 Supplier benchmarking for key performance indicators .............................................. 29
5.3 Rating and scoring calculations of Contractors ............................................................................ 30
5.3.1 Productivity gains ........................................................................................................ 30
5.3.2 Work health and safety ................................................................................................ 31
5.3.3 Road user relationship ................................................................................................ 31
5.3.4 Delivery system management ..................................................................................... 31
5.3.5 Stewardship ................................................................................................................. 31
5.3.6 Process ........................................................................................................................ 32
5.3.7 Operational .................................................................................................................. 32
5.4 Rating and scoring calculations of Principals Representative ..................................................... 32
5.5 Performance assessment template scoring ................................................................................. 32
5.6 Reporting on performance assessment ........................................................................................ 33
Appendix 1: Road Reference system (RR) conventions ................................................................. 34
Tables
Figures
Figure 4.1.1-A Management of RMPC processes (example for a 12-month Contract Period) .......... 20
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 ii
Sole Invitee
1 Preliminary
1.1 Introduction
This Road Maintenance Performance Contract (RMPC) Sole Invitee Manual provides information for
those responsible to ensure value for money for the delivery of the Department of Transport and Main
Roads (the department) routine road maintenance program. The Manual replaces a previous version
known as Volume 1 RMPC Sole Invitee. The department can realise its objective to achieve maximum
efficiency in the delivery of maintenance services through the productivity-based contractual
agreement.
The department offers Routine Maintenance Work to our traditional suppliers, Local Government
Authorities (LGAs) and the department's Service Delivery Units (SDUs) (for example, RoadTek) on a
Sole Invitee basis. This arrangement is subject to value for money being achieved from the negotiated
Contracts. In the context of road works delivery, value for money is defined as the achievement of
maximum overall benefit to the users of the facility and the wider community (including the broader
social aspects) at a suitable agency cost. These Contracts are benchmarked against other sector
performance, thus the department is assured of obtaining best value' for its maintenance dollar.
Price is not the sole determinant of maximum overall benefit. It is expected that non-price factors, such
as performance of the stewardship role, productivity and provision of a safe user environment, would
also be considered in determining value for money and the maximum overall benefit under RMPC
Sole Invitee arrangements.
Both parties acknowledge that, notwithstanding the contractual nature of the sole invitee relationship,
major importance and value is placed on goodwill, good faith and cooperation between the parties for
the attainment of mutual goals. They acknowledge the intention to adopt a partnering-type approach
to administrating the contractual arrangements under sole invitee arrangements.
As part of this approach, the Contract negotiations of unit prices shall be on an open-book basis so
that a better appreciation of costs is understood by both parties, with a view to implementing strategies
which will either keep a check on the price increases or reduce costs of operation or both as the case
may be.
It is expected that value for money will be facilitated by the adoption of this relational approach to
RMPC Sole Invitee works delivery.
1.2.1 Historical
Maintenance of state-controlled roads have been carried out by LGA and SDU resources for over
70 years. Each local government has been reimbursed for the actual cost of work undertaken, as the
agent of the department. Maintenance by SDU resources has also been at cost.
Sole Invitation arrangements for capital works have recently been replaced by the Transport
Infrastructure Contract (TIC) Sole Invitee (formerly Road Performance Contract [RPC]). The RMPC
is a companion to the TIC Sole Invitee, which is used when a sole invitee-classified LGA or SDU
undertakes construction work for the department.
The RMPC compendium consisted of four volumes initially, but these have now been replaced, as
shown in Table 1.2.1.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 1
Sole Invitee
The Transport Infrastructure Act 1994 requires the department to obtain best value in the expenditure
of maintenance funds on State Controlled Roads. In addition, the federal department responsible for
transport has required all works on National Highways to be subject to contract since 1 July 1994.
The RMPC, as a result of the ongoing productivity-based, sole invitee arrangements with LGAs and
SDUs, satisfies these requirements by providing the department with best value for its maintenance
dollar while giving Contractors the opportunity to increase efficiency in their maintenance operations.
The maintenance strategy is an integral part of the Road Network strategy. The maintenance strategy
provides guidelines to provide the appropriate level of maintenance investment in infrastructure. It
focuses on the implementation of efficient and effective maintenance practices to enable the goals and
objectives of the Road Network Strategy to be addressed.
Economically justify the maintenance investment in the Network and the need for additional
funding.
Identify the split between the maintenance expenditure and capital expenditure and show the
implications of a change of the margin between the two can be determined on the basis of
economic benefit.
Establish guidelines linked to the broader Road Network strategy, which indicates those parts
of the Network on which current levels of maintenance could be increased or decreased.
Identify technical guidelines that will indicate appropriate Maintenance Intervention Levels and
standards of treatments.
Review maintenance practices to deliver projects on time, at cost and with appropriate quality.
Assist regions in developing maintenance programs to provide the best economic return on
investment and supporting industry requirements.
Identify changes in maintenance funding allocations to local areas and the employment
implications which result from these changes, having consideration to the Queensland Charter
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 2
Sole Invitee
for Local Content, the Queensland Code of Practice for the Building and Construction Industry
and the Queensland Government Building and Construction Training Policy as applicable.
The departments vision is working actively and collaboratively with its suppliers to deliver projects
that:
meet value for money objectives based on the Queensland Procurement Policy and other
government priorities
are completed efficiently at least cost to suppliers and to Transport and Main Roads
subject to the above, and
provide adequate remuneration for the industry to be both sustainable and capable of
enhancing its ability to improve the quality of its products and the efficiency of its
performance.
It is fundamental to achievement of the above vision that the following principles of equitable
project delivery are embraced.
building of long term supplier networks which improve responsiveness and flexibility,
Three major philosophical outlooks are at the core of the above principles as follows.
client commitment to equity between the parties and active support for continuous
improvement project benefits shared amongst the parties, and
an approach to risk management, which focuses on reducing risk, not increasing it risk
is shared among the parties.
The visioning statement is consistent with the requirements under the RMPC, where there is a strong
emphasis on partnering and the stewardship role of the Contractor. Delegation of the Network
stewardship role, under the RMPC Sole Invitee works to the supplier, embodies the close working
relationships expected between the parties. To meet the desired future state espoused by the vision
for RMPC Sole Invitee works delivery, behaviours and attitudes held by the parties to the works
need to be aligned and appropriate.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 3
Sole Invitee
Both parties to the Contract need to acknowledge and embrace the key principles of:
risk allocation to the party best able to manage each identified risk
profit is a necessity for the supplier to remain viable and provide the expected services
The scope of business agreement documentation should be suitable and consistent with the value of
trust characterising the relationship between the parties. The overriding focus is to reduce
administration costs and to reduce impediments so more money can be spent where it is needed in
maintaining the road Network.
Consistent with this relational approach is the adoption of a one team approach to the Contract. This
could be expected to apply more with those RMPCs where SDUs are the suppliers. The adoption of a
one team approach is encouraged in:
surveillance activities
knowledge sharing
joint resource sharing, program development, Network inspections and problem solving.
Duplication of roles during the Contract Period is to be avoided in the climate of goodwill and trust
expected to operate under these RMPC Sole Invitee arrangements.
The words used in the RMPC Contract Documents shall have the meanings set out here unless the
context indicates otherwise.
Term Definition
Activity Describes how a Defect is to be repaired.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 4
Sole Invitee
Term Definition
The agreed magnitude of a Defect that requires rectification
action by the Contractor, they are the Upper Intervention Levels
Agreed Intervention Level
and any changes recorded in the Intervention Level and
Response Time Schedule.
The agreement between the Principal and the Contractor and
Contract comprising the documents set out or referred to in the completed
RMPC forms.
A Local Government Authority (LGA), Service Delivery Unit (SDU)
Contractor
or joint venture (including either or both of these).
Where the Contract specifies that a valuation is to be made using
Daywork Rates (including in relation to prime cost items and
Dayworks Rates
variations) such a valuation will be made using the corresponding
Daywork Rates (as supplied) and actual quantities.
Defect Any deficiency in the condition of the road transport infrastructure.
Department The Queensland Department of Transport and Main Roads.
Activities undertaken by the Contractor in response to an
Emergency Maintenance
emergency situation.
The list of Work programmed to be completed on the Network due
to Defects having reached the Agreed Intervention Level;
indicative Network Schedule Total(s) means the amount of money
Forward List of Work
determined by the department to be available for Activities on the
National Highway Network and the Other State-Controlled
Network respectively.
The magnitude of a Defect as set out in the Guidelines that
Initial Intervention Level should be used by the Contractor for recording Defects into the
Forward List of Works to assist in Work planning.
The Defects Intervention Level and Upper Intervention Level as
Intervention Levels
indicated in the Guidelines.
Intervention Level/Response The departments requirement for rectifying Defects as set out in
Time (IL/RT) criteria the Guidelines.
Joint Maintenance A joint department/Contractor assessment of the Network for the
Requirement Assessment purpose of determining the extent of Activities required for the
(JMRA) forthcoming Contract Period.
LGA Local Government Authority
All activities, as indicated in this Manual and the Guidelines, to
Maintenance
rectify Defects.
Maintenance Management The Systematic Approach, supported by computer systems, to the
System (MMS) Management of Road Maintenance.
A survey undertaken to identify the work required to maintain a
Maintenance Needs Survey
Network to a specified standard for a nominated future period.
An order for the carrying out of an Activity which is produced from
Maintenance Works Order the Contractor's Systematic Approach to the Management of
Maintenance.
Specific minor enhancement Works or programmed Maintenance
Minor Works
Work with an estimated cost less than $250,000.
National Highway Network That part of the Network comprising federally funded
(NHN)/National Highways State-Controlled Roads or parts of those roads.
Network Comprises those roads included in the Contract.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 5
Sole Invitee
Term Definition
The amount(s) of money agreed by the parties for completion of
Network Schedule Total(s) Activities on the National Highway Network and the Other State-
Controlled Network respectively.
Other State-Controlled
That part of the Network excluding the National Highway Network.
Network (OSCN)
The State of Queensland, acting through the Queensland
Principal
Department of Transport and Main Roads or the department.
The given time limit to complete an Activity once the Upper
Response Time
Intervention Level for the related Defect has been reached.
The standard to which an Activity shall be completed as specified
Restoration Standard
in the Quality Plan.
Road Includes part of a Road.
Road Maintenance
The agreement between the department and a Contractor where
Performance Contract
the Contractor is responsible for the Maintenance of a Network.
(RMPC)
The department's system that can be used to determine the
Road Reference system (RR)
location within the Road Network.
The department's technical document for Routine Maintenance,
Routine Maintenance incorporating:
Guidelines (the Guidelines) Intervention Level and Response Time (IL/RT) criteria
corporate Activity Standards.
Routine Maintenance Those Activities as set out in the Guidelines.
Routine Maintenance Amount The sum of the Network Schedule Total(s).
Service Delivery Unit which, at the time of publishing, is
SDU
RoadTek.
Systematic Approach to the
The documented Systematic Approach used by the Contractor in
Management of Maintenance
complying with the requirements of the RMPC.
(SAMM)
The sum of the amounts for the Network Schedule Total(s) and
Total Contract Amount
Minor Works Schedule Totals.
The value of Goods and Services Tax payable by the department
Total GST Amount to the Contractor if the Total Contract Amount is expended on
work under the Contract.
Transport Infrastructure The Contract system used by the department for construction of
Contract (TIC) Road transport infrastructure.
The magnitude of a Defect as set out in the Guidelines indicating
Upper Intervention Level
the need for rectification action.
The physical Works delivered on the Network which includes
Work (or Works) Routine Maintenance, Minor Works, Emergency Maintenance and
any other variations.
Work Item A Work Item is a component task of an Activity.
Both parties acknowledge that, notwithstanding the contractual nature of the Sole Invitee relationship,
major importance and value is placed on goodwill, good faith and cooperation between the parties for
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 6
Sole Invitee
the attainment of mutual goals. They acknowledge the intention to adopt a partnering-type approach
to administrating the contractual arrangements under Sole Invitee arrangements.
2.2 Partnering
It is expected that parties carrying out works under RMPC Sole Invitee-type arrangements adopt a
relational approach to their operations. Partnering is based on the content of Appendix A of the
Transport Infrastructure Project Delivery System Manual (TIPDS) Volume 1. The document is
published at:
http://www.tmr.qld.gov.au/~/media/busind/techstdpubs/TIPDS/TIPDS_Volume1.pdf
It is recommended that users refer to the document for coverage of partnering concepts in more detail.
The Partners in Government Agreement (an agreement for the partnership and the relationship
between the State Government and local government in Queensland) exists, which:
encourages positive and productive relations between the parties based on mutual respect
and achieved through partnership and cooperation
provides a process to implement other arrangements between the parties, covering specific
services and functions.
The Contractor performs three key roles under RMPC. These are:
Network steward
Operations Contractor.
The Contractor, as the department's local representative, must act professionally in the department's
interest and must ensure:
that maintenance funds are wisely invested and that the infrastructure asset is maintained in
the best interests of the department
that discretionary changes to the agreed Network Schedule(s) are sound and justifiable
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 7
Sole Invitee
that Maintenance concerns are addressed at Contractor level and only referred to the
department when necessary
The Network stewardship role of the Contractor does not involve owner-type functions, such as
operating a pavement management system or designing rehabilitation Works; however, the
Contractor's ongoing inputs to future Work will be welcomed.
The Contractor, as the Maintenance Manager and Supervisor, must plan and manage Maintenance
efficiently.
accuracy of records
The Contractor is responsible for undertaking Maintenance efficiently and in accordance with quality
procedures and the Quality Plan.
2.6.1 General
Under the RMPC arrangements, there is a clear focus on the Contractor knowing what is to be
undertaken as the most important Work, and then planning its operations so Work is completed in the
most cost effective and efficient way.
2.6.2 Planning prior to Contract Period (by the department and Contractor)
Prior to the commencement of each Contract Period, a realistic Schedule of Routine Maintenance
Work must be agreed. The process to reach agreement will vary across the state. It is recommended
that both the Contractor and the department jointly inspect all Roads on the Network to determine the
type, quantities and Intervention Levels of Maintenance for the following Contract Period. This process
is called the Joint Maintenance Requirements Assessment (JMRA). The value of this Work should
follow an iterative process as outlined in Clause 4.1 and is to correspond to the indicative Network
Schedule Total(s).
The indicative Network Schedule Total(s) should reflect the intent of the Road Network strategy and
the output of the JMRA which should be undertaken concurrently with the joint inspection.
The JMRA process output determines the Work on each Road in the Network and determines:
when Work is to be initiated on each Road or part of a Road (Agreed Intervention Levels)
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 8
Sole Invitee
Schedules for remote Works or Works in close proximity to the Contractors depot.
Schedules for specific Activities where economy of scale considerations provide best value.
The Contractor needs to plan the Maintenance operations to maximise the efficiency of field
operations. The RMPC requires Work to be identified and planned in advance and performed using a
systematic approach.
The Contractor and the department should jointly inspect Roads in the Network on a regular basis
throughout the Contract Period to monitor the performance of assets on the Network.
2.7.1 General
Under the RMPC, Contractors have to use a Systematic Approach to the Management of
Maintenance (SAMM). The RMPC does not stipulate whether the system is to be computerised or
manual; neither does it specify any particular system. Any system which is quality assured and
complies with the generic processes outlined in Clauses 2.6.2 to 2.6.3 inclusive is eligible for use
under the RMPC.
develop its own SAMM (the Contractor can develop and use its own SAMM in accordance
with the generic requirements as set out in Clauses 2.6.2 to 2.6.3 inclusive), or
Permission would be required to use any MMS developed by the department for its own use. The
departments software may be available for those Contractors who wish to acquire and make use of it.
There is no requirement that the Contractor must use the departments software, nor, indeed, the
particular SAMM developed by the department.
Outstanding Maintenance needs, including location, should be identified before Defects have reached
the Upper Intervention Level. The Contractor may record details of Maintenance Work into the
backlog, once the Defect Initial Intervention Level is reached, to assist in Work planning.
The process of Work identification will vary throughout the state, depending on the size and
importance of the Network and it is expected routine inspections of the Network will be undertaken.
To keep this process manageable, it is preferable that the Contractor aggregates Work into
reasonable packages of Work and estimates resources necessary to perform those Activities while still
in the field.
A Schedule of routine inspections is to be defined as part of the RMPC in the Contractor's Quality Plan
and the Contractor will need to retain inspection reports.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 9
Sole Invitee
It is a requirement that, to the maximum extent possible, Work will be planned in advance and
prioritised so as to achieve operational efficiencies. The Contractor is to maintain a prioritised Forward
List of Work to demonstrate tangibly that Works are being prioritised.
It is not mandatory for Defects to be recorded with the Activity in the prioritised Forward List of Work.
Where Defects are recorded, they will be prioritised having regard to Response Time and safety,
preventative and useability-type considerations. Where Defects are not recorded, the Contractors
quality system shall clearly demonstrate the way in which Activities and their priorities are determined
in the field.
When scheduled, Work shall be documented on Works orders. A Work order may contain multiple
Defects, but not multiple Activities.
Work on adjoining LGA Roads are not to be included in the RMPC Works order.
Copies of the Forward List of Work and Works orders are to be retained for audit by the department.
Undertaking Maintenance
All Maintenance must be undertaken to appropriate standards, including compliance with the Activity
Standards included in the Contractor's Quality Plan.
To assist the Contractor with the preparation of its Quality Plan, Guidelines includes the departments
Activity Standards, Intervention Level/Response Time standards and Restoration Standards.
The use of the department's Road Reference (RR) system is mandatory. The level of detail required
will be at the discretion of the department. A copy of the RR conventions is included at Appendix 1 of
this manual.
All Work performed, including its location, is to be captured and recorded. Where Work is carried out
without a Works order being available in advance, a Works order is to be completed retrospectively, to
capture a record of all completed work.
Where the Work actually performed differs from that scheduled on the Works order, the as-completed
Works order is to be prepared and submitted to show the Work actually performed. All completed
Activities must be located using the RR. The level of detail required will be at the discretion of the
department.
Works that are unable to be completed due to time or budget constraints, for example, are to be listed
in a backlog for future consideration for the Forward List of Works.
All completed Maintenance Works, including the locations, should be the subject of regular reports in
the system outputs to allow Network and Contract performance monitoring to be undertaken. The level
of detail required will be at the discretion of the department.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 10
Sole Invitee
Backlog report
Progress Reports prepared regularly (every three months or as otherwise directed by the
department). Unsatisfactory or unclear Progress Reports may result in a formal progress
meeting.
The Contractor, as the Network steward, is to make many of the day-to-day decisions which would
previously have been referred to the department and has a responsibility to manage the varying
Maintenance needs and priorities of its Network over the Contract Period. This includes actively
maintaining expenditure within the Network Schedule Total(s).
To help the Contractor manage these constraints, payment will be made on a Network and/or
individual Schedule basis as determined locally. The Contractor has flexibility to vary the agreed
quantity of each Activity and/or individual Schedule total, where multiple Schedules are used, by
20 per cent (or any other figure as determined locally by the department).
Beyond the locally agreed discretionary level, prior authorisation from the department will be required.
The department may:
re-allocate funds from some other Activity in the Schedule(s), retaining the original Network
Schedule Total(s)
adjust the Agreed Intervention Level, varying Activity quantities outside the discretionary limits
but maintaining the agreed Network Schedule Total(s)
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 11
Sole Invitee
On a cautionary note, the department's delegation of the Network maintenance management role to
the Contractor should not be seen by the Contractor as an opportunity to undertake more profitable
activities at the expense of higher priority, less profitable activities. The Contractor is to act in the best
interests of the owner of the asset. The department may audit the Contractor's performance in this
area.
The Contractor must advise the department as soon as possible if a financial loss is anticipated under
the Contract.
2.8.2 Variations
Variations to the Contract involving a change to the Total Contract Amount, including providing
additional funds, are at the departments discretion and apply in a limited number of situations (such
variations may involve changes to scheduled rates and/or lump sums):
Emergency Maintenance
While progress Claims will be made on a monthly basis (or other agreed period), consideration will be
given in hardship cases only for interim payments to be made to the Contractor.
Claims are to be on a Schedule of rates basis for quantities actually completed during the claim
period, except for lump sum Activities which are to be claimed on a pro rata basis, and Provisional
Sum Activities which are to be claimed on an agreed quotation basis.
Maintenance is to be undertaken once a Defect has reached the Upper Intervention Level. There may
be instances outside the norm where, in some locations on the Network, Maintenance should be
undertaken for obvious safety reasons before the Upper Intervention Level is reached.
The Response Time for carrying out an Activity on each individual Road within the Network, after the
relevant Upper Intervention Level is reached, shall be as set out in the Guidelines, except where
indicated in the Intervention Level/Response Time Schedule. Response Times must be included in the
Contractors Quality Plan.
It may be appropriate for the Upper Intervention Levels of one Road to differ from that of another Road
within the same Network because of traffic volumes, road category, and so on.
The Contract Documents must include details of Intervention Level/Response Times applying to the
Contract Road Network which are different to the general Intervention Level/Response Times
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 12
Sole Invitee
specified in the Guidelines. Any change requires the completion of form C6095, including the reasons
for the variations from the suggested standard and submission to the Principal for approval.
It is very important that safety of road users is not compromised in varying the standards. Where it is
likely to be an issue, the suggested standards should be applied.
The Agreed Intervention Level/Response Times may change over the Contract Period; however, they
will only be changed after formal written authorisation by the department.
Initial Intervention Levels contained in the Guidelines are provided for planning purposes.
The department may direct the Contractor to carry out scheduled Activities, at specific locations within
nominated time limits, as ordered Work. Rates/lump sums for such Work may be increased if
warranted and approved by the department.
3.1.1 General
3.1.2 Duration
Unless agreed in writing by the parties, there is a fixed Contract Period of 12 months,
corresponding to each financial year. The fixed Contract Period should not exceed 24 months.
The department guarantees to renew the RMPC for a period of up to one year (the
Guaranteed Renewal Period), provided the Contractor performs satisfactorily and achieves
agreed productivity targets.
Either party may withdraw from the agreement without cause by giving the appropriate notice:
Grounds for earlier termination or modification to the agreement period would include:
by mutual agreement
failure by the Contractor to attain agreed productivity targets (possible termination of the
Contract at the end of the Contract Period)
failure by either party to abide by the conditions of the Contract (possible termination), or
unacceptable performance by the Contractor (possible termination of the Contract at the end
of the Contract Period).
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 13
Sole Invitee
3.1.3 Composition
The Network for the Contract Period will generally comprise those Roads maintained by the
Contractor under previous arrangements; however, the Network may be subject to minor redistribution
by the department.
The composition of the Network can only be changed for subsequent Contract Periods where at least
12 months notice is given to the Contractor, such that, unless otherwise agreed, those changes will
apply from the first day of the following Contract Period.
Changes to the Network cannot be made during a Contract Period except where the parties agree.
These rules may be overridden should the Australian Government require different Contract periods
for National Highways and/or in cases where the parties have agreed to a Contract Period greater
than 12 months.
For other than Australian Government-influenced changes to National Highways, any deletions from
the Network must not be such as to reduce significantly the extent of maintenance to be carried out by
the Contractor.
RMPC is predominantly an arrangement for carrying out Routine Maintenance of the Network.
Routine Maintenance Activities are listed in the Guidelines. Wherever possible, Activities included in
RMPC Schedules should ensure that the agreements remain predominately output-based. See
Clause 4.1 regarding monitoring of Works on an output basis.
The department will, in the case of Routine Maintenance, determine, as appropriate, indicative
Network Schedule Total(s) for:
as well as discretionary percentage limits that apply to each Activity (on a Network basis) and/or
individual Schedule totals where multiple Road Schedules are used. The Contractor, in carrying out its
various roles, will be required to adapt to the changing Maintenance needs of the Network by varying
the various Network Activity quantities and/or individual Schedule totals, so not to exceed the relevant
Network Schedule Total(s). Changes outside this discretion require the departments approval.
The RMPC will also include Emergency Maintenance. The Contractor must advise the department no
later than the morning of the next working day of Emergency Maintenance involving fatalities.
The estimated expenditure of the Emergency Maintenance is to be advised to the Principal once
known, so that any effect on the agreed Network total funding can be determined.
This Work is to be performed immediately by the Contractor when the emergency occurs. The
department must be notified as soon as possible after the emergency situation arises. The claim for
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 14
Sole Invitee
the Work can be included in the next progress claim and the department will treat that part of the claim
as a variation.
There will be no scheduled amount within RMPC to pay for Emergency Maintenance Activities, even
though there are Activities (Numbers 450 and 452) listed for emergency works. Works stemming from
an emergency call out will need to be approved by the Principal. If approved, the Works will be funded
on an as-required basis and priced by reference to existing Activity scheduled rates, standing offers or
dayworks schedules unless otherwise agreed.
After making the situation safe, the Contractor is not to undertake further Work until it has notified the
department and received authorisation.
For Minor Works to be included under the conditions of the RMPC, such Works must have an
estimated annual aggregate amount of $250,000 or less for each Contract. Only Contractors which
have been assessed with Sole Invitee status will be able to be included for Minor Works with RMPC
Works. This provision simply provides a further option to facilitate efficient Contract Documents and
does not remove or override the assessment of Sole Invitee delivery under the policy statement.
The Contractor and the department will agree on the quantities, rates and lump sums to complete the
Works and the relevant design and construction standards, including any drawings and Specifications.
The Minor Works should also be given a separate job number so that accounting of the value of this
Work can be undertaken.
3.2.4 Dayworks
Dayworks Schedules include rates which may be used for payment of completed unscheduled
Activities, Emergency Maintenance or other agreed work. Clause 7 Variations of the General
Conditions sets out where dayworks may apply.
Where Activity quantities are difficult to anticipate and pay on a unit rate or a lump sum pro rata basis,
because of the unpredictable nature of the Work, the parties may agree to use a Provisional Sum in
the Network Schedules where permitted (Attachment 3 of the Guidelines indicates those Activities that
may be subject to a Provisional Sum). These Provisional Sums may be subject to discretionary
changes by the Contractor.
The law relating to non-feasance (that is, not liable for damages for negligence for failing to carry out
road maintenance) was changed as a result of the High Court decision made in Brodie v Singleton
Shire Council. Australian states and territories have responded to this landmark case in differing ways
through individual legislation and amendments to Acts.
The Civil Liability Act 2003 (Qld) (the Act) amends the law concerning the liability of road
authorities.
In particular, one provision of the Act (Section 37), in effect, partly overrules the High Court
decision of Brodie v Singleton Shire Council and partially returns the law to the former
non-feasance principle.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 15
Sole Invitee
The Act also acknowledges the limited resources available to public authorities, such as the
Department of Transport and Main Roads see Section 35 of the Act.
Notwithstanding the Act, RMPCs, with their obligations between the department as Principal
and the Contractor, take effect in their own terms. RMPCs contain a series of indemnities
between the department and Contractors that impose obligations on each party and which
depend on each case.
The department and Contractors should remain vigilant in performing their duties under RMPCs and
maximise the use of the limited resources available to them.
Districts should be aware that RMPCs contain indemnities between the parties for liability arising out
of non-performance of maintenance of an RMPC. Indemnities flow both ways under the RMPC
some in favour of the department as Principal and some in favour of the Contractor.
Risks, insurance requirements (including public liability) and indemnities are covered in Clause 8 of
the General Conditions. Clause 8 provides that the Contractor shall indemnify the Principal for loss
and damage (including costs), whether for property damage or personal injury, arising out of the
performance of the Contract by the Contractor. The Contractor's liability is reduced to the extent that
an act or omission of the Principal contributed to such loss.
Clause 8 also contains an indemnity given by the Principal in favour of the Contractor.
Under this Clause, the risks associated with non-performance of Maintenance for Defects that were:
known to the Contractor and exceeded the Agreed Intervention Level, but where the
Contractor fulfilled its obligations under the Contract by formally seeking a reallocation
In addition, where the Contractor has performed its obligations in accordance with the agreed Activity
Standards, the risks will be with the department.
The indemnity given by the Principal to the Contractor does not cover the situations where:
the Contractor failed to identify any Defect which should have been identified as part of the
stewardship role, or
the Contractor knows of the Defect, but fails to remedy the Defect within the times prescribed
under the Contract or approved Activities Schedule
nor does it cover any legal costs that the Contractor may incur in responding to these negligence
Claims.
The best protection against liability for a Contractor carrying out Maintenance is:
to have demonstrated procedures for the identification of Defects and the scheduling of
Activities to remedy Defects according to safety considerations and funding constraints
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 16
Sole Invitee
The Contractor is required to have a third-party quality system or have completed form C6089. For
compliance with the RMPC, Quality Plans may be added the system or guide.
a SAMM
maintenance operations
environmental management.
For operational quality, the Contractor may build on the departments Activity Standards which are
included in the Guidelines.
The emphasis of the safety plan for RMPC revolves around the control and consequences of traffic in
the vicinity of Maintenance operations and the provisions of the current Work Health and Safety
Act 2011 (Qld). The Contractor shall guide traffic safely past the Work in accordance with traffic
guidance schemes based on the departments Manual of Uniform Traffic Control Devices. The
department may require the Contractor to notify the public of significant changes to normal traffic in
advance. The Contractor shall advise the department of any notifiable incident under the Work Health
and Safety Act 2011 (Qld) as detailed in Clause 9 of the General Conditions.
To ensure the department complies with all relevant legal obligations at each Work Site, the
Contractor shall be responsible for environmental management associated with the Works. This
includes:
obtaining all licences, permits and approvals (not already obtained by the Principal) and to pay
all fees due as required by all relevant Acts, Regulations and local laws from the appropriate
authorities and departments
implementation of the EMP (Maintenance), including at least one internal environmental audit
during the Contract.
The Contractor must notify the Principals Representative of an environmental incident that occurs
during the performance of the Work under the Contract as soon as practicable. This does not negate
the Contractors responsibility for reporting the incident to the administrating Authority as per the
Environmental Protection Act 1994 (Qld).
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 17
Sole Invitee
3.5.1 Insurance
Where the Contractor is a Local Government Authority (LGA), the Contractor is required to arrange its
own insurance under RMPC. This includes:
workers compensation
public liability
Where the Contractor is a service delivery unit (SDU), the Queensland Government policy of
self-insurance applies, except that workers compensation coverage is required.
3.5.2 Rework
The Contractor may use its discretion as a first approach to undertake a low cost attempt to remedy a
Defect. If that approach results in premature failure and requires a subsequent high cost thorough
solution, then the department, where it agrees that this approach was an attempt to achieve best value
for the department, will include the costs of both approaches within the Network Schedules Total(s).
Both Activities must previously be included in the Schedule or the parties may agree in advance to
such an approach.
It is expected that any disputes that may arise under RMPC will be settled promptly:
where the Contractor is an LGA in accordance with the current Partners in Government
Agreement between the state government and Local Government Association of Queensland
where the Contractor is an SDU in accordance with the dispute resolution process as set
out in a mutual obligations agreement between local delegates of the SDU and the district.
There are a number of processes involved with forming the Contract and undertaking Works under
RMPC arrangements. The processes are depicted in Figure 4.1.1-A and Figure 4.1.1-B, which show
the steps involved with forming the RMPC SAMM.
The department will advise the Contractor of an indicative Network Schedule Total(s) based on:
prior JMRAs
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 18
Sole Invitee
In addition, the preferred Agreed Intervention Levels for Defects on the Network will be advised by the
department, based on an assessment of the suitability of those Intervention Levels being used in the
current Contract Period.
With this information to hand, the department and the Contractor are able to carry out the JMRA.
This assessment is a joint departmental/Contractor assessment of the Network for the purpose of
determining the extent of the Activities for the forthcoming Contract Period.
approximate Work quantities for Activities and any Minor Works necessary.
The value of the Work identified and agreed during the JMRA is to match the indicative Network
Schedule Total(s) that reflect the intent of the Road Network strategy.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 19
Sole Invitee
Figure 4.1.1-A Management of RMPC processes (example for a 12-month Contract Period)
July Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
3. Recommended Contract Review Contract Review Period A ^Contract Review Meeting must be held
Periods/ Meetings (July-Dec) before mid-February
Note: Performance Report (Form Notes (1) ^ indicates Contract Review Contract Review Period B ^ Final Contract Review
Meeting Meeting must be held
C6092) to be completed prior to (Jan-June) before the end of August
each Contract Review Meeting
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 20
Sole Invitee
Identify Record of
Planning Prior Reaching Maintenance Plan and Undertake Completed
to Agreem ent Agreem ent Prioritise Maintenance
In Advance Maintenance
Sign Agreement
Intervention Level
Network Works Orders to
Activity Unit Rates Inspection Report Maintenance Crews
Quantities
Response Times
Work Requests
Relative Priorities
Schedule
rmpcpref
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 21
Sole Invitee
Identify Activities and set Intervention Levels, Activity unit rates, quantities, Response Times
and relative priorities
It can be expected that the needs of the Network established during the JMRA process will vary from
the indicative Network budget figure. During the planning phase, an iterative process is carried out in
reaching agreement to a conforming Network Schedule(s).
The iterative process for reaching agreement has the aim of matching Activity Standards, Intervention
Levels, Activity quantities, unit rates, lump sums and Provisional Sums to ensure the indicative
Network Schedule Total(s) are not exceeded.
The use of Intervention Levels in balancing Network needs to available budget is detailed in
Clause 4.1.2.
Schedule
The outcome of the iterative process is agreement by the department and Contractor to Network
Schedule(s) and Intervention Level Schedules to apply for the forthcoming Contract Period.
Sign agreement
After agreement on the contents of the Network Schedule(s), there are a number of documents to be
completed by both parties to create the agreement
Form C6084.1
It should be noted that the Schedules included in the Contract can be based on a number of criteria.
These are Network Schedule(s) generally preferred, individual road sections, Works remote or in
close proximity to the Contractors depot, specific Activities where economy of scale considerations
provide best value and any combination of these approaches, as agreed with the department. A
separate amount for GST payable by the department should be shown separately from the Total
Contract Amount.
Form C6084.2
Prior to completion of this Schedule, it is necessary for the Contractor and the department to agree on
the proposed discretionary limits for various Activities and/or individual Schedule totals where multiple
Schedules are used.
Form C6095
It should be noted that, unless indicated otherwise in this Schedule, the general Intervention Levels
contained in the Guidelines will be the Agreed Intervention Levels for the Contract.
Form C6084.3
Minor Works up to an estimated annual aggregate amount of $250,000 for each Contract may only be
included in the RMPC where the Contractor is also a Sole Invitee.
It should be noted that the process for reaching agreement is similar to that used for Sole Invitee
capital works projects. The works may be undertaken using the Transport Infrastructure Contract (TIC)
Sole Invitee (formerly Road Performance Contract [RPC]) or the Minor Works performance Contract.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 22
Sole Invitee
All items of labour, plant, equipment and materials likely to be used in managing and carrying out the
works under the Contract should be included by the Contractor, together with associated rates agreed
with the department.
These conditions will generally be initiated by the department to cater for local circumstances
associated with the Contract.
Ratification notice
When required by either party, these notices should be received by the other party before the start of
the Contract Period to allow time for authorisation of financial programs and the authorisation by
appropriate staff or local government.
Form C6094
This agreement sets out in writing all matters agreed by the parties during the reaching agreement
stage. Some matters could be hours and Days of work and information required by the department for
inclusion in Progress Reports. Commencement of work may be conditional on ratification of the
agreement by either party using a ratification notice.
Once the agreement is signed, the department is required to forward an estimate of expenditure for
the Contract.
The Contractor shall use a systematic approach to manage Routine Maintenance as required under
the Contract; outstanding Maintenance works, including location, should be identified through regular
Road Network inspections. The Contractor is required under RMPC to include, in the management
Quality Plan, its procedures for the identification of Work in advance.
Details from these Network inspections are to be detailed in Network inspection reports. These reports
must be kept up-to-date to demonstrate compliance with the Quality Plan and to provide any
information on the Network the department requires.
The Guidelines list Defects and associated Activity combinations to repair the Defect.
In addition, the Guidelines also list the initial Intervention Levels for recording works into the Forward
List of Works and the level of deficiency by which the Defect is to be repaired; general Intervention
Levels if the General Intervention Levels are not changed; and the record within the Intervention
Level/Response Time Schedule for the Contract.
Clause 4.1.2 details the use of Intervention Levels for recording of Works.
The department will require information to assess routine maintenance element performance and
effectiveness of revised Intervention Level and Response Time (IL/RT) criteria contained within the
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 23
Sole Invitee
Guidelines. This will require some defect information and inspection details from the contractors to be
collected annually.
Work requests
In addition to Works being identified through Road Network surveys, outstanding Works will be
reported to the Contractor through Work requests.
These requests may be raised by the department, the public or a road user. The requests need to be
investigated by the Contractor and included in the prioritised Forward List of Works if justified.
Forward list of Works, identify priority Works and collate Work as Work orders
It is a requirement that, to the maximum extent possible, Works are planned in advance and
prioritised. The Forward List of Work is used for this purpose. The Contractor is required to maintain a
current Forward List of Works for inspection by the department at any time.
Should Defects be recorded with the Activity in the Forward List of Works, the Defect should be
prioritised having regard to Response Time and safety and usability considerations.
It is not mandatory to record Defects with the Activity into the Forward List of Works; however, if not
recorded, the Contractors quality system should clearly demonstrate the way Works are prioritised in
the field.
An up-to-date Forward List of Works for the Network also allows the Contractor to plan Works to
achieve operational efficiencies.
The Contractor uses the prioritised Forward List of Works to schedule Works onto Works orders for
action by Work crews. In scheduling the prioritised Work to Work orders, the Contractor should aim to
achieve operational efficiencies such as reducing the proportion of travelling time in the day, economy
of scale considerations, use of specialised Work crews and timing of preventative type maintenance.
The Contractor undertakes the prioritised work detailed on the Works orders in accordance with
Activity Work procedures included in the Contractors Quality Plan. These Work procedures may be
based on the Guidelines.
The Contractor, in carrying out Works, is also required to observe the procedures contained in the
safety and environmental management plans for the Works, as well as recording resources used to
provide actual costs of the Works for internal performance assessment.
The quality system requirements for undertaking RMPC Works are set out in Clause 10 of the C6083
General Conditions.
Provisional Sums
Where Provisional Sums are permitted, the parties agree, at the time of the RMPC
negotiation, those Activities that are difficult to estimate and pay on a lump sum or unit rate
basis in view of the unpredictable nature of the Work.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 24
Sole Invitee
For the Activities identified, a Provisional Sum allowance is made in the Schedule for the
Work, based on records of past Works and field inspections.
When Work is required during the year for these Activities, the Contractor provides a quotation
to the department for approval to carry out the Work.
Work undertaken by the Contractor is reimbursed as per the agreed quotation as part of the
progress claim for that period.
Quotations for the Work may be based on RMPC Network Schedule rates, standing offer rates
or dayworks rates.
The department may provide blanket approval for Provisional Sum work undertaken on a repetitive
basis during the term of the Contract or for Provisional Sum work of relatively low dollar value where:
the risks associated with not obtaining a quotation are less than the cost of administering
before approval
the department does not wish to delay the supplier unnecessarily for each component of work
The levels of unit rate/lump sum and dayworks/Provisional Sum expenditure will be monitored each
year to assess the extent to which RMPCs facilitate delivery on an outputs basis. As a guide, it is
expected that no more than 10 per cent of the value of any individual Contract will be delivered on a
dayworks/Provisional Sum basis.
The Contractor is required to measure the extent of all Work undertaken in terms of the Activity unit of
measure. It is in the Contractor's interest to measure the Work done accurately as payment will be
based on these records. It is possible that audit surveillance checks will be undertaken by the
department on the reasonableness of work claimed for reimbursement.
Progress Claims are normally made on a monthly basis unless otherwise agreed by the department.
Claims are on a Schedule of rates basis for quantities completed during the claim period, except for
lump sum Activities (which are claimed on a pro rata basis) and Provisional Sum Activities (which are
claimed on an agreed quotation basis).
Details of the progress claim format and supporting documentation required to accompany the claim is
set out in Clause 5 of the C6083 General Conditions. In addition to details of work done under the
various Schedules, a completed revised program expenditure flow for each Schedule, with progress
against each Network and/or individual Schedules, dayworks and variations, may be required if
directed by the department.
Progress payment should be made by the department within 28 Days of receipt of the claim. Progress
payments are the subject of Clause 5.6 of the C6083 General Conditions.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 25
Sole Invitee
4.2.1 Contractor
The major aspect of Contract administration by the Contractor revolves around discretionary changes
to the Network or individual Schedule quantities, within the nominated percentage limits, to reflect the
needs of the Network. When a discretionary change is made, the Contractor does not need to refer
the matter to the department, but any changes must not exceed the Network Schedule Total(s).
When unexpected situations arise, or there is no scope for further discretionary changes, the
Contractor must obtain the departments approval before undertaking the work.
The Contractor is required to present regular (every three months or for such progress periods as
determined by the department) Progress Reports to the department that highlight stewardship,
management, financial or operational aspects for the progress period. The department may require a
formal progress meeting to discuss the content of a report.
Under the RMPC's performance approach, it is necessary for the department to certify progress
Claims, as well as provide detailed assessment of the Contractor for the Contract Review Meetings to
be held at a time determined in the initial Contract negotiation.
The Contractor must advise the department as soon as possible of any recommendation to add or
change Activities to the existing list of Activity types (as listed in Attachment 3 of the Guidelines).
4.3 Renegotiation
For other than the initial Contract Period, there will be sufficient information available for:
Such information is fundamental to the formation of each new RMPC, especially the Guaranteed
Renewal Period. The formal reviews provide a forum for demonstrating the partnering and
stewardship features of RMPCs.
Sole Invitee RMPCs are required to demonstrate value for money and be competitive with the value
that could be achieved via open tender.
Contract productivity and performance needs to be considered from a number of perspectives. Value
is multidimensional as reflected in the Queensland Procurement Policy and the reporting requirements
in the Transport Infrastructure Act 1994 (Qld), which indicates the need to demonstrate efficiency and
effectiveness and to achieve best quality work for the departments Network.
In the past, emphasis was placed on productivity improvement and other benchmark performance
assessment. These measures are still used, but have been modified. Productivity improvement is still
used, but other outcomes that need to be understood and measured are safety, Work effectiveness,
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 26
Sole Invitee
Road user satisfaction and administrative efficiency. The achievement and improvement of these
outcomes is facilitated by a cooperative and relational approach by the parties to the Contract.
Improved performance should be driven by the setting of challenging, but achievable, targets
underpinned by an effective benchmarking system, which facilitates improvement in all the identified
areas.
The performance assessment methodology includes productivity gains measurement and the
assessment of the Contract performance, based on rating key performance indicators (KPIs). Two
instruments that measure performance of RMPCs are:
productivity improvement, measured annually and expressed in terms of dollar gains and
percentage improvement (this is a continuation of the current approach)
The methodology requires districts to form their own targets while measuring achievement against
statewide targets. In return, Contracts will be measured against each other to indicate a snapshot of
the current compliance within RMPCs which can be used in determining future performance targets.
Measuring performance assessment quantifies subjective and objective outputs of Sole Invitee
RMPCs through the management of risks associated by this type of Contract delivery. Outputs
measured are productivity, workplace health and safety, Road user relationship, and delivery
system management. Delivery system management summarises contractual obligations and
measures the management of stewardship, process management and operational systems.
The main steps in determining KPIs for Routine Maintenance may involve:
Pre-assessment
identify scope of KPI assessment (choose important or expensive processes, such as the
planning and ordering of works or pavement repairs)
understand existing processes, levels of performance and data attributes for comparison
organise a KPI partner (could consider a best practice operator in a related field).
Assessment
compare processes, identify differences in process and performance, and establish best
practice
assess cause/effect link between differences in process and the performance variation
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 27
Sole Invitee
review process to eliminate redundant steps, reduce resource wastage and, where possible,
reduce time taken.
Post-assessment
monitor performance
Performance improvements are not demonstrated solely by a reduction in rates, but can be achieved
through improvements to the life of the finished works by changing work practices and by improving
standards, Work quality and Response Times. Improvements are also gained through changes in
Network geometry and packaging of Works.
The examples of performance initiatives listed are provided to encourage and exchange information,
technology and skills that promote the adoption of better processes and achieve improvement in
Contract delivery. It is suggested the Contractor and the department discuss productivity initiatives.
rationalisation of plant/personnel
multi-skilling and attention to a number of activities in the same gang trip for example, litter
retrieval, mowing and illegal sign collection by the same crew
material substitution and better use of materials for example, stabilisation to improve
substandard materials, use of improved surfacings, use of natural materials where
appropriate, substitution with long-life alternatives
phasing out solvent-based paint and converting equipment to accept water-based paint
Use of technology
better use of plant and use of improved plant for example, Flocon machines, Matthews
Spreaders, asphalt pavers, front deck mowers, Jetpatchers, and mechanical sign post driving
systems
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 28
Sole Invitee
Better measurement, using more accurate material-measuring equipment, such as load cells,
and devices for measuring the area of grass slashed.
enhanced cost control through use of the new list of Work Activities and Activity payment
types.
Geometry of Network
Packaging of Works
combining ordinary Maintenance Works with the Transport Infrastructure Contract (TIC) Sole
Invitee (formerly Road Performance Contract [RPC]) or other Works programs
reducing Work for example, by replacing grass median strips with low maintenance
vegetation.
undertake benchmarking, seminars and workshops to share ideas for increased productivity
active participation in regular reviews, audits and discussions to ensure that implementation of
new procedures are progressing, and to share suggestions for improvements.
the process of negotiating rates can take account of the relative performance of Contractors
and their peers
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 29
Sole Invitee
reviews of productivity targets for subsequent years can consider the efficiency of the
Contractor and the best value obtained from the Contractor's peers.
at the local level where districts compare rates of neighbouring suppliers during the
negotiation process
The statewide analysis procedure initially undertakes multi-factor regression of Contract rates for 19 of
the major Activities of the 80-plus Contracts signed each year. This process involved the normalisation
of the components of Work Activities which contribute to differences or variability in rates and which
are not directly related to productivity. This may include:
travel time (surrogate the mean travel distance from the depot to Contract Roads)
traffic control (surrogate the mean Average Annual Daily Traffic (AADT) for all Contract
Roads)
The resulting relationship may be used to predict typical or average rates for that Activity for each
Contract.
The calculation of productivity gains is determined by comparing unit rates of recurring activities from
the current Contract year to its previous Contract year, excluding lump sum, dayworks and Provisional
Sum Activities. So the comparison is analytically correct, previous years rates are inflated to align with
todays value using the Australian Bureau of Statistics Road and Bridge Cost Index (RBCI).
where the RBCI value is represented as the December value for each year. This reflects costs
mid-term in a Contract and is available prior to Contract renewal. This value is supplied by the
Maintenance management unit prior to any analysis being undertaken.
The productivity gain delivered by rate reductions for unit rate Contract Activities can be calculated by:
Gains Activity = quantity current x [(unit rate previous x inflation factor) unit rate current]
This is to be done for each unit rate Activity that is used in both Contract years. From this calculation,
productivity is achieved by:
The total Contract cost for the later year is required to gauge the savings achieved if the previous
years unit rates had been used during the current Contract year.
Districts are required to document the results obtained from this equation as it is a requirement for
auditing purposes and will be used in the Performance Area Productivity in the performance
assessment template.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 30
Sole Invitee
To assist districts with calculating productivity, a revised worksheet has been created in the
performance assessment file. To ensure ease of use, all calculations have been formulated into the
spreadsheet. Users are required to insert data consisting of the Contract number, Contract
amount ($), Contract target (% gain), Activity numbers, previous (years) unit rate, current (years) unit
rate and the current (years) quantity. From this information, the productivity gain or loss will be
automatically calculated.
Safety in the workplace is the departments number one priority for its employees, Contractors and the
public. As such, work health and safety is an important element in ensuring that best practice is
achieved in Maintenance delivery.
For mandatory criteria, all assessments in work health and safety require the Contractor to conform to
the current Work Health and Safety Act 2011 (Qld), including;
ensure appropriate actions are in place to prevent or rectify work health and safety issues
For the local criteria, the Principals Representative and Contractor are able to include issues that
cascade from mandatory questions with the level of detail required to ensure local issues are delivered
and addressed.
Public consultation and feedback is the area to be measured under Road user relationship. This
includes the measurement of systems in place to collect public communications and to undertake any
actions deemed necessary to achieve a positive outcome in the mandatory criteria.
Road user satisfaction and public perception are important for the RMPC, due to the potential for
political influence at the local level and increased road user understanding of sound Maintenance
delivery. It is essential that measuring feedback and responding to information supplied is a key
principle in reporting on Contract compliance.
Contract-specific assessment criteria should be included for assessment as deemed relevant by both
the Principals Representative and Contractor at the beginning of the Contract.
Assessment of Contractors in this key performance area is completed in three parts: stewardship,
process and operational. Each of these areas relate to how Contracts are delivered, with emphasis on
the management requirements of RMPC to ensure Maintenance Works are undertaken within the
appropriate guidelines and Work methods.
5.3.5 Stewardship
Network stewardship of the Contract (see Clause 2.4 of this manual) requires the Contractor to always
act professionally in the best interests of the department, such that funds are wisely invested and the
asset is maintained accordingly. Assessment of stewardship requires the Contractor to indicate its
ability to accept and act on its requirements as detailed in the Contract Documents. Knowledge of the
responsibilities associated with the Contractor role, along with evidence of record keeping and
reporting, are criteria to be addressed.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 31
Sole Invitee
5.3.6 Process
RMPC requires a systematic approach to manage a Contract, as detailed in Clause 4 of this manual.
As such, details stipulating the mandatory quality practice requirements are to be addressed, based
on their existence and implementation. Assessments primarily focus on whether the Contractor has
adhered to all process requirements, including any supporting documentation. This also includes
record keeping, which details process driven activities (such as detailing non-conforming materials)
through systems developed for undertaking such tasks.
5.3.7 Operational
Measures for operational compliance are guided around criteria that enable the transfer of captured
knowledge to be shared between parties to the Contract. Applications capturing the results of
Maintenance operation, such as the use of data collection systems, control of documentation and
details of audits and inspections, make up the assessment critique.
The assessment of the Principals Representative (the department) is a new concept which has not
been undertaken previously for RMPCs. Questions in the Principals Representative section
complement a selection of those in the Contractors section which need to be actioned or noted to
achieve compliance (for example, Contractor supplied progress Claims in the agreed timeframe
Principals Representative finalised payment of Claims in agreed timeframe). In this manner, any
non-compliance in the Contract can be tracked to where the responsibility resides and comments are
included to justify an action.
KPIs are intended to indicate how well the Contract is performing against nominated compliances. The
ratings consist of two sections: mandatory assessment and local assessment. The new system has
removed the previous scoring system (of score criteria between 1 and 5) and replaced it with a less
subjective method of assessment. Each assessment criterion is listed as a question, with only a Yes
or No answer. The final tally for each criterion, including mandatory and local assessments, reflects
on the level of compliance achieved for each key performance area by the Contract out of a score of
10. The calculation is as follows:
The mandatory assessment criteria are taken from the Quality System Requirements Evidence
Guide, as Table 1 ISO 9001 Elements for RMPC Works Evidence Guide. The value achieved at the
end of assessment indicates the level of compliance to the mandatory requirements for the Contract
and highlights the level of risk to the department for each Contract. For statewide comparisons and
reporting, the compliance to the mandatory assessment will be used. This will highlight the level of risk
that is being incurred by the department or by Contractors.
The local assessment is a combination of selected mandatory assessments, with the inclusion of any
local-specific questions. All mandatory questions to be used in the analysis are to be checked in the
tick-box located in the green column. This is to indicate which questions have been selected for the
local assessment. Those not ticked imply the Principals Representative acknowledges that suppliers
are not able to comply with those topics and, therefore, liability issues as a result of non-compliance to
these are to be borne by the department.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 32
Sole Invitee
The purpose of developing criterion such as this is an indicator that the localised issues, which have
greater importance to the delivery of Maintenance, can be the focus for the Contract team and delivery
based on practical assessment can be monitored.
All assessment questions must be derived and agreed before the Contract commences.
All Contracts must undertake a minimum of two assessments (mid and end of Contract year) per
Contract; however, additional assessments can be undertaken during the Contract year if required.
Performance of each RMPC Sole Invitee Contract must be assessed regularly to ensure compliance
with the intent of RMPCs ongoing satisfactory performance by the Contractor. Performance
assessment methodology forms constitute the tool to be used. Results achieved from the reports will
enable local managers and Contract parties to understand the risks associated with the level of
compliance and to decide how to manage this risk so liabilities lie with the party best able to manage
the risk. A risk and consequence profile assessment matrix is being developed, with the aim to assist
Principals Representatives and Contractors in understanding the risk from the level of compliance and
to provide a mechanism to assist in managing their Contracts at a local level.
Performance assessments should be undertaken at least twice per year. Principals Representatives
are encouraged to use this monitoring tool more frequently where the risk is considered high.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 33
DEFINITION OF LANE AND CARRIAGEWAY NUMBERS
Sole Invitee
#
1
(1) (2)
NUMBER (E) (U)
(# )
2 3
LANE NUMBER Four Lane With Median
(Conc rete or Grassed) (1) (3) (4) (2)
(E) (U)
(E) & (U)
ALWAYS 1
4 2 3 5
Multi Lane With Servic e Roads
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015
Lane and Carriageway Num bering
34
Sole Invitee
Glossary of Terms
Term Meaning
Lane Code The code representing the allowable lane name(s) for a lane
on a carriageway section. The lane code is an alphanumeric
code which will never be repeated across a road section
width. Numeric codes will be used for through-lanes. Alpha
codes will be used for lanes other than "through" lanes, such
as median strips, parking and turning lanes.
Minor Culvert Culverts with an opening span, height or diameter less
1.8 m, and a total waterway area less than 3.0 square
metres.
Permanent Reference Point A nine character identifier historically used by the
(PRP) Department to reference the declared road network. Their
usage is declining in favour of Reference Points, which have
a code derived from the road number.
Reference Point A convenient way of referencing or locating points on a road
section. Reference points are commonly located at
identifiable features, such as an intersection or bridge
abutment. They are given a code that is usually allocated
sequentially in the direction of the road. Reference points
provide convenient points of known location, from which to
locate other features or information (by measuring distance
from the reference point).
Reference Point Code The name or code given to a reference point. Reference
Point Codes (RPC) enable the identification of known point
on a road section. RPCs contain information including a
name, textual description and a distance measured from the
start of the road section.
Road Section This is the gazetted road section within a major road. It
always starts and ends on a permanent reference point.
Larger roads are broken down into sections for easier data
collection and reporting (especially when the road is in more
than one district). A road section has a suffix (eg A, B, C, D)
added to the ID code of the whole road to enable easy
differentiation.
Thru Dist. (Through Distance) The distance in kilometres from the beginning of a road
section to the current point.
Road Maintenance Performance Contract (RMPC), Transport and Main Roads, April 2015 35