I hereby give notice that an ordinary meeting of the Kaipātiki Local Board will be held on:
Date: Time: Meeting Room: Venue:
|
Wednesday, 15 March 2017 4.00pm Kaipātiki
Local Board Office |
Kaipātiki Local Board
OPEN AGENDA
|
MEMBERSHIP
Chairperson |
Danielle Grant |
|
Deputy Chairperson |
John Gillon |
|
Members |
Paula Gillon |
|
|
Ann Hartley, JP |
|
|
Kay McIntyre, QSM |
|
|
Anne-Elise Smithson |
|
|
Adrian Tyler |
|
|
Lindsay Waugh |
|
(Quorum 4 members)
|
|
Blair Doherty Kaipatiki Local Board Democracy Advisor
9 March 2017
Contact Telephone: (09) 484 8856 Email: Blair.Doherty@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
|
Kaipātiki Local Board 15 March 2017 |
|
1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Confirmation of Minutes 5
5 Leave of Absence 5
6 Acknowledgements 5
7 Petitions 6
8 Deputations 6
9 Public Forum 6
10 Extraordinary Business 6
11 Notices of Motion 7
11.1 Notice of Motion - Revocation of motions from 15 February 2017 Kaipatiki Local Board meeting. 7
12 Project 17: Auckland Council Maintenance Contracts 9
13 Birkenhead Mainstreet Upgrade Stage Two 95
14 Draft Air Quality Bylaw and Statement of Proposal 133
15 Auckland Transport Monthly Update - March 2017 201
16 ATEED Six monthly report to the Kaipātiki Local Board 231
17 Local Board Services Monthly Report - March 2017 247
18 Governing Body and Independent Maori Statutory Board Members' Update 251
19 Members' Reports 253
20 Workshop Records - Kaipātiki Local Board Workshops - Wednesday 8 February 2017, Wednesday 15 February 2017 and Wednesday 22 February 2017 257
21 Consideration of Extraordinary Items
PUBLIC EXCLUDED
22 Procedural Motion to Exclude the Public 265
12 Project 17: Auckland Council Maintenance Contracts
e. Supplier Specific Information 265
h. Contract Information 265
1 Welcome
2 Apologies
At the close of the agenda no apologies had been received.
3 Declaration of Interest
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy. The policy covers two classes of conflict of interest:
i) A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member; and
ii) A non-financial conflict interest, which does not have a direct personal financial component. It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.
The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968. The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.
Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request.
Any questions relating to the Code or the guidelines may be directed to the Relationship Manager in the first instance.
4 Confirmation of Minutes
That the Kaipātiki Local Board: a) confirm the ordinary minutes of its meeting, held on Wednesday, 15 February 2017, as a true and correct record.
|
5 Leave of Absence
At the close of the agenda no requests for leave of absence had been received.
6 Acknowledgements
At the close of the agenda no requests for acknowledgements had been received.
7 Petitions
At the close of the agenda no requests to present petitions had been received.
8 Deputations
Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Kaipātiki Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.
At the close of the agenda no requests for deputations had been received.
9 Public Forum
A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.
At the close of the agenda no requests for public forum had been received.
10 Extraordinary Business
Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“An item that is not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local authority by resolution so decides; and
(b) The presiding member explains at the meeting, at a time when it is open to the public,-
(i) The reason why the item is not on the agenda; and
(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”
Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“Where an item is not on the agenda for a meeting,-
(a) That item may be discussed at that meeting if-
(i) That item is a minor matter relating to the general business of the local authority; and
(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”
11 Notices of Motion
Kaipātiki Local Board 15 March 2017 |
|
Project 17: Auckland Council Maintenance Contracts
File No.: CP2017/03401
Purpose
1. The purpose of this report is to seek feedback from local boards on maintenance contracts for parks, buildings and open space, prior to Finance & Performance Committee approval on 28 March 2017.
Executive summary
2. Auckland Council manages over 5,000 sites across the region including parks, buildings and open space. Existing Auckland Council maintenance contracts for these sites expire on 30 June 2017.
3. Project 17 was setup to procure and implement new maintenance contracts due to take effect 1 July 2017. This includes Full Facilities, Arboriculture and Ecological services across the Auckland Council region.
4. Over the last twelve months, Community Facilities has engaged with elected members through both formal and informal processes, to shape up the direction of this project and seek feedback on maintenance requirements and service levels. Refer to Attachment A for the Political Engagement Timeline.
5. Elected member feedback, including local priorities, informed the Request for Proposal document which was the basis of negotiation with suppliers. Refer to Attachment B for this local board’s resolutions dated September 2016.
6. This report outlines the following documents which will form part of final maintenance contracts and standard service levels:
· Attachment C Standard and Enhanced Assets;
· Attachment D Full Facilities Contract Service Specifications;
· Attachment E Supplier Specific Information (CONFIDENTIAL);
· Attachment F Contractor Performance Balanced Scorecard;
· Attachment G Tupuna Maunga Values Specifications; and
· Attachment H Contract Information (CONFIDENTIAL).
7. Community Facilities seek feedback from local boards on Attachments C, D and E, prior to Finance and Performance Committee approval on 28 March 2017.
That the Kaipātiki Local Board: a) provide feedback on: i. Standard and Enhanced Assets (Attachment C); ii. Full Facilities Contract Service Specifications (Attachment D); and iii. Supplier Specific Information (Attachment E). b) note that the local board will have the opportunity to meet successful suppliers in April and May to discuss and refine local service level variations.
|
Comments
Process
8. Over the last twelve months, Community Facilities has engaged with elected members through both formal and informal processes, to shape up the direction of this project and seek feedback on maintenance requirements and service levels. Refer to Attachment A for the Political Engagement Timeline.
9. An open, competitive tender process seeking proposals for the supply of full facilities, arboriculture and ecological maintenance services of council assets was conducted as follows:
· On 10 August 2016, an Expression of Interest was published to identify market interest in providing maintenance services for buildings, parks and open spaces to Auckland Council. 36 Expressions of Interest were received.
· Formal feedback from local boards on the project approach and proposed service specifications was received in September 2016.
· Feedback was also sought from local boards on the list of assets in their area, used as the basis of asset data in the Request for Proposal.
· Refer to Attachment B for this local board’s resolutions.
· Feedback was used to inform the Request for Proposal document which was released on 28 October 2016 and submissions closed 9 January 2017.
· Submissions were assessed and scored by an evaluation team against weighted criteria including methodology, resources and capability, innovation and SMART procurement, and price.
· Negotiations are now underway with shortlisted suppliers, due for completion 10 March.
· Recommended contracts for five areas across the region, including pricing and baseline service levels, will be presented to the Finance & Performance Committee on 28 March 2017 for final approval.
10. Community Facilities seek feedback from local boards on Attachments C, D and E, prior to Finance and Performance Committee approval on 28 March 2017.
Approach
11. Following a review last year of management and maintenance processes of council’s assets, this project has adopted an improved approach to maintenance services, to:
· focus on the whole-of-life cycle of assets;
· deliver more services without compromising quality;
· encourage and incentivise contractors to be accountable for the assets and develop ownership at all levels of their service delivery;
· provide a contractual framework that enables contractors to employ innovate ideas and methods without compromising on quality delivery; and
· implement five new contract areas (called Tahi, Rua, Toru, Whā, Rima) to allow for better economies of scale. The local boards represented within each area are:
Contract Area |
||||
Tahi |
Rua |
Toru |
Whā |
Rima |
Devonport-Takapuna Hibiscus & Bays Kaipātiki Upper Harbour |
Albert-Eden Great Barrier Puketāpapa Waiheke Whau |
Henderson-Massey Rodney Waitākere Ranges |
Howick Maungakiekie-Tāmaki Orākei Waitematā |
Franklin Māngere-Ōtāhuhu Manurewa Ōtara-Papatoetoe Papakura |
12. A key change is that contracts will have a more outcome-based focus on service levels, as opposed to predictive or frequency based maintenance schedules (unless where necessary). This ensures service standards are consistently maintained and managed by suppliers.
13. A standard maintenance service level is applied to every asset to ensure it is fit for purpose, in good condition and achieves community outcomes.
14. Where an asset may have specific known demands such as high frequency use, high reputational risk, requires attendance due to its nature (e.g. old, troublesome asset) or is a heritage site, an enhanced level of service may be applied to the asset.
15. An enhanced service level should not be confused with poor performance from a supplier to provide the agreed standard service level.
16. Refer to Attachment C outlining the updated asset list (including those requiring an enhanced service level) for this local board area as at March 2017. Please note that this asset list is continually reviewed to ensure up to date data in alignment to council decisions and asset assessments.
17. Maintenance contracts have been negotiated to cover three core functions across the five areas:
· Full Facilities;
· Specialist Arboriculture; and
· Specialist Ecological.
18. Council may immediately terminate (or suspend the supplier’s performance of) the contract in whole or in part, by written notice to the supplier, if a persistent performance breach occurs. Please refer to the Contractor Management section in this report for further details.
19. Refer to Attachment H (confidential) for further information about contract terms and Attachment E (confidential) for supplier specific information.
Standard Service Levels
Full Facilities Contract (FFC)
20. Service specifications determine the criteria and outcomes associated with maintaining an asset or facility, which then sets the foundation of a contract agreement.
21. Refer to Attachment D for the Service Specifications expected across the Auckland region for Full Facilities maintenance work. In summary, these are service level output statements by category:
Full Facilities Category |
Output Statement |
Open Space |
Parks, reserves and roadsides within Auckland are maintained and developed to provide a sustainable, safe, clean and healthy environment while assets are maintained and enhanced to meet the amenity and use needs of council, Auckland residents and visitors. |
Arboriculture
|
Trees (under three metres in height) are maintained to an aesthetically pleasing state which promotes healthy growth with the tree adding to the resident or visitors experience with targeted maintenance activities to achieve healthy and safe trees. |
Locking and Unlocking |
Assets are actively managed to minimise vandalism and anti-social behavior |
Buildings - Maintenance |
All Auckland Council owned and/or operated facilities require on-going Planned and Response Maintenance (compliance and non-compliance) to ensure that all facilities provided for public and Auckland Council staff use are functional, fit-for-purpose, safe and where possible ensure that the building services are optimised to reduce disruption to the facilities operation. |
Buildings
– |
All Auckland Council owned and/or operated buildings that require planned and response cleaning shall be cleaned to a standard that allows all buildings users to utilise a sanitary, hygienic, safe, functional and fit for purpose space for their operation. All litter and debris shall be removed from site and done so in a sustainable manner. |
22. Standard Operating Procedures have been developed to agree minimal functional requirements such as height of grass mowing, mulching thickness, goal post painting etc. These procedures have been developed through expertise knowledge and are operational in nature.
23. Minor Capital Works (low value, low risk) is included in these contracts to ensure appropriate mitigation measures are incorporated when maintaining assets.
24. The baseline service level for specialist sportsfield maintenance ensures sports playing surfaces are managed to provide surfaces and assets that are ‘fit for use’ for the type and level of sport being played and which maximise usage and support organised sporting activities.
25. Specialist sportsfield renovation work includes:
· Fertilisation, application, fertilisers;
· Winter treatment - cambridge rolling, slicing and spiking, solid tine vertidraining, ground breaking, vibramoling;
· Summer - vertimowing, dethatching, organic matter removal, leaf collection, scarifying/ dethatching, coring/hollow tine, core harvesting, undersowing/oversowing, sand topdressing, soil topdressing, vibramoling, mole plough, verti-draining, ground probe aeration, weed control, weed control (couch), agrichemical controls on sportsfields, top planning;
· Turfing – turf replacement (minor);
· Artificial - cleaning, rubber top-ups, grooming, repair, hygiene;
· Supply bulk supply materials - eg sand, soil, seed, agrichemicals, turf (winter and summer species), fertilizer;
· Renovation works programme development; and
· Not that the Full Facilities contract incorporates sports mowing, line marking, goal posts/furniture, soil and/or tissue sample analysis, grass selection, pest and disease detection, minor turf repairs, renovation works programme report, cricket.
26. Sportsfield renovations seasonally renovate surfaces back into condition for subsequent sporting code use, including renewal of surfaces that have reached their life span, or reinstating an asset that has been damaged through excessive overuse.
27. Sportsfield renovations are collaboratively implemented to complement maintenance activities in the contract.
28. When asset components are replaced (e.g. turf type), the same style and material type is supplied, unless otherwise directed by Auckland Council.
Arboriculture Specialist Contract
29. The scope of the arboriculture contract covers the management of council owned trees i.e. it’s ‘urban forest and rural surrounds’
30. The arboriculture contract includes, but is not limited to, the following services:
· general administration and communication;
· inspections and programmes;
· pruning;
· reactive works;
· clean-up;
· tree removal;
· planting;
· aftercare maintenance; and
· tree asset inventory.
31. The arboriculture contract will be managed as a prescriptive measure and value contract, but may shift to output basis through the term of the contract. Work will be managed on both a scheduled and reactive basis.
32. Auckland Council will retain ownership of all chipped bio-mass (foliage, brushwood and wood) resulting from Arboriculture Specialist contracts.
33. It will be expected that the supplier takes a proactive approach in relation to Council’s assets, including those not directly related to the contract’s scope. This will involve reporting any faults or issues, regardless of asset ownership in a timely manner e.g. reporting a vandalised bus shelter (Auckland Transport) next to a street garden.
34. The management of Kauri Dieback and weeds are incorporated into Standard Operating Procedures included in the Arboriculture Specialist contract.
Ecological Specialist Contract
35. The ecological contract provides for the maintenance of Auckland Council’s high value ecology sites, and significant bush and natural areas. The prioritised targeted removal of animal and plant pests from council’s open spaces is a core service within this contract. The overarching objective is to restore and rehabilitate native biodiversity in a sustainable and long term approach.
36. The scope of the ecological contract includes:
· preparing ecological restoration plans that take a long term perspective and provide the optimum cost effective management to reinstate the ecological processes, so the site environmental values are conserved and enhanced;
· assessing, monitoring and controlling pests impacting the ecological processes and or values at each site. This includes but is not limited to plant, animal and invertebrate pests; and
· restorative planting of sites.
37. The supplier is required to have all vehicles to carry a web based GPS tracking system. This enables reports to be produced on journey length and stay.
38. The ecological contract is supplemented by an Ecological and Environmental Pest Control Standard Operating Procedure which provides guidance to methodologies and site-specific requirements.
39. The supplier is required to report any hazardous dumping to Auckland Council’s Pollution Hot Line immediately
Other Maintenance Priorities
SMART Procurement
40. The following SMART procurement outcomes are requirements outlined in maintenance contracts:
· Increase capability and capacity – suppliers are required to create sustainable businesses that provide training and development to ensure continued quality delivery of services over the term of the contract;
· Youth employment - contracts should facilitate connecting work-ready youth to local employment by creating local jobs with training and development opportunities;
· Diversity and inclusion - contracts should promote inclusion, reduce discrimination and remove barriers to opportunity and participation, particularly for disadvantaged groups who face barriers to employment e.g. long term unemployed, and people with disabilities;
· Valuing Māori - suppliers are required to work collaboratively with council to achieve better outcomes with Māori, by supporting skill development and labour market participation, and engagement with Māori owned businesses;
· Pacific Auckland - contracts should support further training, development and labour market participation for Pacific youth and communities; and
· Local community and economy - contracts should support local business where reasonable/practical, and should meet the social needs of the delivery area.
41. Contracts have retained flexibility to remove assets (by contract variation) to facilitate active participation by the third sector/volunteers to deliver maintenance outcomes.
42. Suppliers (and subcontractors) are required to establish, document, implement, maintain and continually improve an environmental management system. This will capture practices such as an environmental policy, environmental impacts of significance, legal requirements, environmental objectives and targets. At a mimimum the management system will monitor and measure energy conservation, water conservation, waste management and recycling, chemical use, Scope 1 and Scope 2 Greenhouse gas (GHG) emissions.
43. Suppliers are proposed to annually reduce the carbon footprint from year two onwards.
44. The environmental management system must be certified by an accredited third party to the standard of ISO14001, EcoWarranty, Enviro-Mark or an agreed-upon alternative programme. Where the supplier has certified to the Enviro-Mark programme they will commit to attaining the highest level of certification, Enviro-Mark Diamond.
45. Please refer to Attachment E for further supplier specific information.
Weed Management
46. A memorandum from Barry Potter, Director Infrastructure and Environmental Services, was circulated to local board members on 15 November 2016 regarding weed management. A second memorandum was circulated to all elected members on 16 December 2016 providing an update on the implementation of Auckland Council’s Weed Management Policy, particularly with regards to this project.
47. New maintenance contracts have been designed to reflect the objectives of Auckland Council’s Weed Management Policy which includes implementing the following changes:
48. What will change?
· Minimise agrichemical use
§ the new contracts require a reduction in agrichemical usage and this will be closely monitored - a 10% penalty of the monthly invoice to the supplier will be applied if the ‘annual reduction in use of agrichemicals’ KPI is not met;
§ chemical usage will be reported monthly by suppliers and tracked on a local park by local park basis. Please refer to the Contract Management section in this report for further information on reporting, auditing and KPI’s;
§ contracts will standardise which type of glysophate will be used across the region by all suppliers;
§ manual and mechanical weed control methods are currently used in and around children’s playgrounds across the region. Agrichemicals are not used within these spaces. This will continue under new contracts; and
§ mechanical edging will be applied along paving and other hard edges.
· Integrated weed management, ensure best practice and value for money
§ the volume of mulch in gardens and garden beds will be increased to reduce other methods of weed control;
§ change from frequency based maintenance contracts to a focus on environmental outcomes, to encourage suppliers to be more innovative in their approach to weed management and edge control;
§ learnings from innovations will be socialized across all suppliers to promote continuous improvement and best practice methodology;
§ suppliers will be encouraged and rewarded for innovation in weed management at quarterly supplier forums;
§ development of a weed management manual which is currently being reviewed by the Best Practice Reference Group;
§ establishment of the Best Practice Reference Group made up of external technical experts and community representatives as per the policy action plan; and
§ a No-Spray register will be used by suppliers to ensure consistency in practice and process.
· Empower the community to manage weeds in accordance with the policy
§ weed control programmes in ecological restoration contracts will be planned and agreed in advance of the works;
§ targeted weed control, including the use of volunteers, will be enabled to ensure that agrichemical usage is minimized and integrated with other sustainable practices such as replanting with eco-sourced species to prevent weed re-infestation;
§ contracts include supplier inductions and training on public awareness of vegetation controls, including herbicides and the importance of public education, including signage when spraying; and
§ improved information on council’s website outlining how and why council controls weeds.
49. At the 13 December 2016 Finance and Performance Committee meeting, the following resolutions relating to weed management were approved:
· an addition to recommend to the Environment and Community Committee as follows:
a) Note that significant funding reallocations are not within the scope of the Annual Plan process
b) Endorse glysophate reduction targets within the current budget
c) Express support for the continued implementation of the Weed Management Policy
d) Agree that a political group be appointed by the Mayor, monitors and reviews the implementation of Auckland Council’s Weed Management Policy and practice
e) Recommend that a review and consultation of allocated funding take place through the upcoming Long-term Plan process
· resolution d) reshapes the weed management political advisory group
Co-Governance
50. As pre-agreed with co-governance partners, suppliers submitted a detailed report and costings on how they would manage and provide specific services to the Tūpuna Maunga Authority and / or Parakai Recreation Reserve in their preferred areas.
51. This report is being socialised with leaders and representatives from co-governance entities with the outcome being determined at the end of March 2017 with either of the following options being the preferred solution:
· maintain the status quo;
· offer maintenance services to the supplier in the specific area; or
· offer maintenance services to only one supplier who would be accountable for all outcomes.
52. Whenua Rangatira (Bastion Point) – no change proposed to current maintenance agreements where iwi are responsible for managing this site.
Community Empowerment
53. Local boards expressed strong support to enable community empowerment including volunteers, through these contracts.
54. Contracts have the flexibility to accommodate contract variations such as community empowerment initiatives, however compliance with Health and Safety, legislative obligations, agreed service levels and operating procedures are critical in these cases.
55. Local boards should work with their strategic brokers (within the Arts, Community and Events team) to identify requirements and opportunities, who will then liaise with Community Facilities to agree and implement suitable solutions.
Contract Management
Contractor performance
56. Key Performance Indicators (KPI’s) measure how well the Supplier is doing to meet specifications and outcomes. KPI’s cover five categories:
· quality;
· innovation;
· management;
· smart procurement and environmental management; and
· stakeholder, customer and community impact.
57. Health and Safety (H&S) is a contractual obligation.
58. KPI’s are measured monthly, bi-monthly, quarterly or annually.
59. Suppliers are required to meet Full Facilities Key Performance Indicators (KPI’s) and Minor Capital Work KPI’s to have their level of direct award for Minor Capital Works increased, as an incentive for good performance.
60. For each category component failed, suppliers must provide an improvement plan to resolve the performance issue.
61. If a supplier continues to fail on a category component beyond the performance resolution improvement plan deadline, council will be entitled to withhold payment of 10% of each month's invoices (excluding minor capex) until the supplier starts meeting the category component target.
62. Suppliers have the right to earn back withheld payments relating to category components if they start meeting required target levels by a timeframe set by council.
63. Attachment F outlines the Contractor Performance Balanced Scorecard that will be monitored and applied across the region.
Auditing
64. Auditing of contractor performance was previously conducted by external parties. However, this function is now being conducted internally by Community Facilities. A team of auditors conduct spot checks onsite targeting 10% of all maintenance work conducted by each supplier.
Response maintenance
65. Response maintenance work will be categorised by urgency and a maximum response time determined. Criteria is still under negotiation and agreement for some suppliers.
66. The supplier will undertake programmed maintenance, responsive maintenance and all other minor contract works (including emergency works on an as needs basis only) on Monday to Sunday, restricting noisy and any activities that may cause a nuisance to between the hours of:
· 7:00am and 6:00pm (52 weeks of the year); and
· 10:00am and 6:00pm (Saturdays and Sundays and statutory holidays).
67. The supplier will provide a call out service 24 hours, 7 days a week, carried out as part of normal duties.
68. Following completion of response maintenance work, the supplier will call the customer (between 8:00am and 6:00pm unless otherwise stated), to inform them that works have been undertaken and check that the customer is satisfied.
69. It is expected that suppliers assist with ‘whole of life’ asset management which requires the supplier to assess and make recommendations on the optimal most cost effective balance of programmed maintenance, responsive maintenance, and renewal of assets across their whole life.
70. Suppliers are required to update a condition assessment grading once a maintenance service has been undertaken, to be included in council’s asset management system, and to notify council of any significant degradation.
Consideration
Local board views and implications
71. Project 17 has engaged with local boards through various channels including:
· Local Board Chairs Procurement Working Group;
· Local Board Chairs Forum presentations;
· memorandums;
· cluster workshops;
· individual local board workshops; and
· business meeting reports.
72. Refer to Attachment A outlining the political engagement timeline.
73. Community Facilities is now seeking feedback from local boards during the final stage of this procurement process, prior to Finance and Performance Committee approval of contracts.
Māori impact statement
74. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi/the Treaty of Waitangi and its broader statutory obligations to Māori.
75. Māori responsiveness requires the collective effort of everyone. Under the new contracts, suppliers will work collaboratively with council to achieve better outcomes with Māori and for Auckland. This will include:
· building positive relationships with Māori – effective communication and engagement with Māori, developing resilient relationships with mana whenua;
· significantly lift Māori social and economic well-being; and
· building Māori capability and capacity.
76. Through these contracts, opportunities to support local community outcomes and economic development include (but are not limited to):
· providing employment opportunities, in particular for local people and for youth;
· increasing capability and capacity (apprenticeships, cadetships or equivalent) in particular for youth;
· building on community and volunteer networks.
77. The Request for Proposal outlined Tūpuna Maunga Value Specifications as outlined in Attachment G, which suppliers are required to support as part of new maintenance contracts.
Implementation
78. The transition into new contracts will commence once formal approval is agreed by the Finance & Performance Committee.
79. Local boards will have the opportunity to meet new suppliers in April and May 2017 to discuss specific local priorities. Any local service level variations may need to be reflected in contract variations and implementation timelines agreed with the supplier.
80. New maintenance contracts take effect on 1July 2017. Note that there will be approximately six to twelve months to bed in changes, in particularly systems and reporting.
No. |
Title |
Page |
a⇩ |
Political Engagement Timeline |
21 |
b⇩ |
Local Board Resolutions (September 2016) |
23 |
c⇩ |
Standard and Enhanced Assets |
31 |
d⇩ |
FFC Service Specifications |
35 |
e⇩ |
Supplier Specific Information (Under Separate Cover) - Confidential |
|
f⇩ |
Contractor Performance Balanced Scorecard |
87 |
g⇩ |
Tupuna Maunga Values Specifications |
91 |
h⇩ |
Contract Information - Confidential |
|
Signatories
Authors |
Kate Marsh – Principal Business Analyst |
Authorisers |
Rod Sheridan - General Manager Community Facilities Karen Lyons – General Manager Local Board Services |
15 March 2017 |
|
Birkenhead Mainstreet Upgrade Stage Two
File No.: CP2017/03025
Purpose
1. To update the Kaipātiki Local Board on the delivery of the Birkenhead Transformation programme of works and to seek the additional funds required to enable its completion.
Executive summary
2. Birkenhead is identified as a town centre and area for growth in the Auckland Plan. The transformation of Birkenhead town centre is identified in the Highbury Centre Plan (2006) and the Kaipātiki Local Board Plan (2014-2017).
3. A master plan has been developed for the Birkenhead Mainstreet upgrade programme with investment of up to $7,449,125 (exclusive of GST) on the integrated delivery of the Kaimataara ō Wai Manawa project, and the Mainstreet Upgrade project in the Birkenhead town centre. The programme will be delivered over two stages, and has been confirmed by the Kaipātiki Local Board. The master plan elements are integral to the delivery of the aspirations identified in these plans.
4. Stage One works included the Rawene Road public car park, Mokoia bus stop extension and Western Entrance upgrades which are all complete. Stage Two elements are improvements to Highbury Corner and an upgrade to the Birkenhead Avenue split crossing.
5. The Highbury Corner improvements place this space at the heart of the Birkenhead town centre. The improvements seek to support the economic vitality of Birkenhead by reinforcing the town centre as a destination main street shopping area through the focus on prioritising pedestrians, improving connections and significantly increasing footpath areas that create space for outdoor seating and enhanced pedestrian refuges.
6. The design celebrates Highbury Corner with its location between the Birkenhead Library and Kaimataara o Wai Manawa, through the quality of the footpaths, landscape and furniture proposed within this upgraded area.
7. The completed design has been informed by considerable consultation undertaken over a number of years. The Kaipātiki Local Board has been briefed on the final detailed design at the August 2016 meeting and endorsed proceeding to detailed design and advancing to tender for a physical works contract for the Highbury Corner improvements project.
8. The total budget required to complete the Birkenhead Mainstreet construction is $1.585 million.
9. The Kaimataara O Wai Manawa project is now substantially complete with minor close out items underway. The project budget has been increased over 2016/17 to enable this priority work to be completed, with the notable changes as follows:
· external power point secure boxes;
· retractable access ladder below deck;
· additional gates underneath the platform;
· changes to timber seating;
· additional treatment to bleachers;
· additional cost related to final paint colours to balustrade;
· roof anchor safety system;
· extension to store area;
· under deck provision;
· stormwater reuse system;
· extract duct system final paint;
· additional code compliance works; and
· extension of time compliance works.
10. The resultant impact has seen a reduction in available approved budget to complete the Mainstreet upgrade construction phase.
That the Kaipātiki Local Board: a) endorse the detailed design of the Highbury Corner improvements as shown on the Beca plans (Attachments A and B to the agenda report) dated February 2017. b) allocate $185,000 from the Local Board Transport Capital Fund for the following components of the Birkenhead Mainstreet project: i) landscaping; and ii) traffic facilities/services.
|
Comments
Background
11. Birkenhead is identified as a town centre and area for growth in the Auckland Plan. This is supported by the Highbury Centre Plan (2006) and the Kaipātiki Local Board Plan (2014-2017) which identifies a range of enhancements to the public realm to be delivered within the Birkenhead Transformation Programme.
12. The Auckland Council Development Programme Office (DPO) is responsible for the delivery of the following two programmes on behalf of the local board
· Kaimataara o Wai Manawa; and
· Birkenhead Mainstreet upgrade, Stages One and Two.
13. The local board has confirmed Kaimataara o Wai Manawa as the priority for Birkenhead and the project was completed in February 2017.
14. One of the strategic outcomes of the Highbury Centre Plan and the Kaipātiki Local Board Plan (2014-17) is the delivery of enhanced streetscapes and public spaces to help unlock the potential of the Birkenhead town centre.
15. The local board has considered a master plan for Birkenhead Mainstreet upgrades and has subsequently endorsed the delivery of a programme of works under two stages. Further work programmes identified in the master plan will be considered as future funding permits.
16. The Birkenhead Mainstreet upgrade Stage One works as follows are now substantially complete - Rawene Road public car park upgrade, extension to the Mokoia Road bus stop, and the Western Entrance on Mokoia Road.
17. The Birkenhead Mainstreet upgrade Stage Two elements are:
· improvements to Highbury Corner; and
· upgrade to the Birkenhead Avenue split crossing.
18. The key objective of these improvements are to create a more attractive and user-friendly public realm that offers an enhanced sense of arrival and strong sense of place while maintaining the functionality and safety of the road corridor, and complementing other Birkenhead initiatives.
19. The DPO has a close collaborative relationship with Auckland Transport on the Birkenhead Mainstreet upgrade. Auckland Transport is project managing delivery of the upgrade on behalf of the Kaipātiki Local Board and Auckland Council which reflects the asset’s location being within the road corridor.
Birkenhead Mainstreet Stage Two design
20. The proposed design will transform Highbury Corner and the surrounding environment including the approaches from Birkenhead Avenue, Hinemoa Street, Rawene Road and Mokoia Road. This supports the overarching concept of improved prioritisation for pedestrians and enhancing the heart of Birkenhead town centre.
21. The project has reached completion of detailed design and preparations are underway to issue a tender for construction by mid-March 2017. Attached to this report (refer Attachments A and B) are detailed design plans dated February 2017.
22. Design features include:
· planted gateways at all the approaching roads into Highbury Corner with low height native species;
· new pedestrian crossings/raised tables on Mokoia Road and Rawene Road adjacent to the Highbury Corner intersection;
· improvements to the existing Birkenhead Avenue split -level crossing;
· increase to pedestrian areas through kerb build-outs;
· a high quality footpath treatment with a combination of basalt pavers and stone setts, exposed aggregate concrete, and terrazzo pavers;
· high quality street furniture placed throughout Highbury Corner to take advantage of the proposed increased, generous footpath spaces which enjoy commanding views towards the Waitemata Harbour;
· a timber deck platform that will surround the existing Norfolk Island pine;
· Nikau palms featuring in the planted areas that will complement the existing annual flower garden beds; and
· rain gardens featuring native planting that will be located before the pedestrian crossing on the Mokoia Road approach to Highbury Corner.
Finance
23. The Long-term Plan (LTP) budget allocation for the Birkenhead Mainstreet upgrade for the 2016/2017 financial year is $915,000.
24. During the design phase, an independent quantity surveyor has been engaged to comment on the costs of the Highbury Corner improvements, and this approach has been utilised to define the overall budget required through to project completion. At the previous local board meeting in August 2016 the project team advised that a pre-tender cost report will be obtained and costings will be advised to the Kaipātiki Local Board built environment portfolio holders to confirm that the project can be delivered within the budget allocation. The cost report has been completed and the overall cost for delivery is identified as $1.585 million. Therefore as the remaining approved budget is $915,000 in financial year 16/17, there is a total budget shortfall identified of $670,000
25. The Development Programme Office (DPO) has re-aligned budgets to enable this shortfall to be reduced and as a result an additional $485,000 has been allocated from within the existing DPO programme. This leaves a shortfall of $185,000 to enable completion of Mainstreet project.
26. The $185,000 from the Local Board Transport Capital Fund (LBTCF) will be used for the following items:
· landscaping (detailed design estimate from quatity surveyor is $161,160); and
· traffic services (detailed design estimate is $25,172).
27. There is currently $1,704,908 total unallocated budget available to local board from the LBTCF.
Consideration
Local board views and implications
28. The development of the Highbury Corner design has been in collaboration with the Kaipātiki Local Board. The local board approved the 50% preliminary design at its August 2016 business meeting.
29. A workshop with the local board members was held on 8 February 2017 to discuss the Highbury Corner pre-tender design.
Māori impact statement
30. Mana whenua were first consulted on the Birkenhead Mainstreet upgrade as part of the consultation process in July 2015. A Te Aranga Design Principles matrix for the Birkenhead Mainstreet upgrade was developed as part of this engagement.
31. The incorporation of native planting in the landscape design and its connection to the natural environment of the bush surrounding the Birkenhead town centre reflects the Te Aranga principle of ‘Taiao’.
32. The Te Aranga principle of ‘Mauri Tu’, focussed on the protection and enhancement of environmental health, is achieved in the streetscape design through the incorporation of rain gardens.
Implementation
33. A detailed programme for the Highbury Corner upgrade project is outlined in Attachment C to this report. The project team proposes the following high level programme milestones for the delivery of the Highbury Corner upgrade project:
· finalise detailed design – January 2017(completed);
· complete tender process (procurement, invite tenderers, award contract) – April 2017; and
· construction completed – September 2017.
No. |
Title |
Page |
a⇩
|
Birkenhead Mainstreet Stage Two Civil Drawings |
101 |
b⇩
|
Birkenhead Mainstreet Stage Two Landscape Drawings |
109 |
c⇩
|
Birkenhead Mainstreet Stage Two Proposed Programme |
131 |
Signatories
Authors |
Nick Seymour - Development Programmes Senior Lead |
Authorisers |
Andre Lipa – Head of Development Programmes Eric Perry - Relationship Manager |
Kaipātiki Local Board 15 March 2017 |
|
Draft Air Quality Bylaw and Statement of Proposal
File No.: CP2017/03386
Purpose
1. To invite local boards to provide feedback on the draft Air Quality Bylaw for Indoor Domestic Fires.
Executive summary
2. At its 23 February meeting, the Governing Body resolved:
Resolution number GB/2017/15
MOVED by Mayor P Goff, seconded by Cr L Cooper:
That the Governing Body:
a) adopt the statement of proposal (Attachment B of the agenda report), which includes the draft Air Quality Bylaw for Indoor Domestic Fires, for public consultation under section 83 of the Local Government Act 2002.
b) forward the statement of proposal (Attachment B of the agenda report) to local boards for their views.
3. The council publicly notified the draft Air Quality Bylaw for Indoor Domestic Fires on 27 February 2017. The public can make written submissions until 27 March 2017.
4. Local boards are invited to provide feedback on the draft Air Quality Bylaw for Indoor Domestic Fires as follows:
· in writing by 3 April 2017, and/or
· orally at the local board hearings session scheduled for 19 April 2017. Staff request that local boards wishing to attend the hearing please notify the hearings team by 3 April 2017.
5. The original report to the Regulatory Committee is provided in Attachment A.
6. The Statement of Proposal: Draft Air Quality Bylaw for Indoor Domestic Fires is provided in Attachment B.
7. More information, such as the summary proposal and the submission form is also available, on the Shape Auckland website.
That the Kaipātiki Local Board: a) note the opportunity to provide feedback on the draft Air Quality Bylaw for Indoor Domestic Fires b) agree to provide feedback on the draft Air Quality Bylaw for Indoor Domestic Fires in writing and/or by attending the local board hearings session on 19 April 2017.
|
No. |
Title |
Page |
a⇩
|
Report to regulatory Committee - Statement of Proposal: Draft Air Quality Bylaw for Indoor Domestic Fires |
135 |
b⇩
|
Statement of Proposal: Draft Air Quality Bylaw for Indoor Domestic Fires |
149 |
Signatories
Authors |
Jasmin Kaur - Policy Analyst Belinda Hansen - Team Leader Social Policy and Bylaws |
Authorisers |
Michael Sinclair - Manager Social Policy and Bylaws Karen Lyons, General Manager Local Board Services |
Kaipātiki Local Board 15 March 2017 |
|
Auckland Transport Monthly Update - March 2017
File No.: CP2017/03201
Purpose
The Auckland Transport Monthly Update Kaipatiki Local Board March 2017 report is attached.
That the Kaipātiki Local Board: a) note the Auckland Transport Monthly Update Kaipatiki Local Board March 2017.
|
No. |
Title |
Page |
a⇩
|
Auckland Transport Monthly Update Kaipatiki Local Board March 2017 |
203 |
Signatories
Authors |
Blair Doherty - Kaipatiki Local Board Democracy Advisor |
Authorisers |
|
Kaipātiki Local Board 15 March 2017 |
|
ATEED Six monthly report to the Kaipātiki Local Board
File No.: CP2017/03202
Purpose
1. To provide the six monthly report from Auckland Tourism, Events and Economic Development (ATEED) on their activities in the local board area.
Executive summary
2. This report provides the Kaipātiki Local Board with highlights of ATEED’s activities in the local board area for the six months from 1 July – 31 December 2016.
That the Kaipātiki Local Board: a) receive the six monthly report period 1 July – 31 December 2016. |
Comments
3. The ATEED six monthly report to the Kaipātiki Local Board is attached as Attachment A. The report provides the local board with an overview of ATEED activities for discussion.
Consideration
Local board views and implications
4. This report is presented for local board information.
Māori impact statement
5. Māori, as stakeholders in the council, are affected and have an interest in any report on local activities. However, this performance report does not impact specific outcomes or activities related to Maori. As such, the content of this report has no particular benefit to, or adverse effect on Māori.
Implementation
6. The report is for information only.
No. |
Title |
Page |
a⇩
|
ATEED Six Monthly report to the Kaipātiki Local Board |
233 |
Signatories
Authors |
Michael Goudie, Senior Advisor, External Relations, ATEED Richard Court, Manager, Operational Strategy and Planning, ATEED Samantha-Jane Miranda, Operational Strategy Advisor, ATEED |
Authorisers |
Susan Sawbridge, Manager Stakeholder Relations, ATEED Eric Perry - Relationship Manager |
15 March 2017 |
|
Local Board Services Monthly Report - March 2017
File No.: CP2017/02846
Purpose
1. The purpose of this report is to provide an update on the key activities of the Kaipātiki Local Board during February 2017, and to provide recommendations for matters requiring attention.
The updates in this report relate to the following areas:
· Community Services;
· Finance; and
· Policy and Planning.
Executive summary
2. The Kaipātiki Local Board supports the commemoration of Australia and New Zealand Army Corps (ANZAC) Day with three services in the Kaipātiki Local Board area. This report recommends that members are nominated to fulfil various roles as each of the services.
3. As highlighted in the quarter two performance report, there is $189,000 of operational Locally Driven Initiatives (LDI) budget unallocated. Local Board Services staff are in discussions with council departments and anticipate presenting options for allocating this funding to the board at its April 2017 business meeting.
4. Council is currently consulting on the Annual Plan 2017/2018, with submissions closing on Monday 27 March 2017. In order to meet the deadline for providing local input into the Annual Plan 2017/2018, an extraordinary meeting is required to be held in the first week of May 2017.
That the Kaipātiki Local Board: a) nominate a member for each of the following roles at the forthcoming Australia and New Zealand Army Corps Day services : i) Birkenhead 10.00am - Master of Ceremonies, and a wreath layer ii) Northcote 10.45am - Master of Ceremonies, and a wreath layer; and iii) Glenfield 11.30am - Member to deliver the welcome and read out the Australia New Zealand Army Corps Day dedication, and a wreath layer. b) agree to hold an extraordinary meeting at 4.00pm on 3 May 2017 for the purpose of providing local input into the Annual Plan 2017/2018, following consideration of consultation feedback, including agreement on: i) final Locally Driven Initiatives budgets; ii) recommendations on other financial matters; and iii) advocacy.
|
Comments
5. In February 2017, the Kaipātiki Local Board held three workshops. Records of these workshops are attached to a separate report on this agenda.
6. The following regional and sub-regional briefings/meetings took place in February 2017:
· Planning Committee Auckland Plan Refresh Workshop – 7 February;
· Council Controlled Organisations briefings for local board members (three sessions) – 9, 10 or 17 February;
· Local Board Chairs Forum – 13 February;
· Local boards regional / sub regional workshop (two sessions) – 20 or 27 February; and
· ‘Delivering for Auckland’ Symposium – 24 February.
7. The board's March workshops are scheduled for 8 and 15 March 2017.
Community Services
Australia and New Zealand Army Corps (ANZAC) Day Services 2017
8. The Kaipātiki Local Board supports the commemoration of Australia and New Zealand Army Corps (ANZAC) Day with three services in the Kaipātiki Local Board area. The detail of each service, including the roles required to be fulfilled by board members, is outlined below:
· Birkenhead 10.00am - Master of Ceremonies, and a wreath layer
· Northcote 10.45am - Master of Ceremonies, and a wreath layer; and
· Glenfield 11.30am - Member to deliver the welcome and read out the ANZAC Day dedication, and a wreath layer.
9. This report recommends that members are allocated to each of the roles as outlined above.
Finance
Locally Driven Initiatives (LDI) financial update
10. As highlighted in the quarter two performance report in February 2017, there is substantial unspent operational Locally Driven Initiatives (LDI) budget. The total amount unallocated is currently $189,000. The total amount of both allocated and unallocated budgets still to be spent is currently $428,000.
11. The detail on how this figure is comprised is provided in the table below. It should be noted that a significant portion ($159,000) of the allocated but as yet unspent is within the board’s community grants project line. The local board is accepting applications until 17 March 2017 and will consider decisions on these in May 2017.
Project |
Budget |
Allocated |
Remaining Budget |
Community response fund |
164,000 |
0 |
164,000 |
Local community grants |
192,000 |
33,000 |
159,000 |
Parks Volunteers |
75,000 |
20,000 |
55,000 |
Parks response fund |
6,000 |
4,000 |
2,000 |
Environmental response fund |
12,000 |
10,000 |
2,000 |
Economic development initiatives |
30,000 |
20,000 |
10,000 |
Planning and development response fund |
30,000 |
0 |
30,000 |
TOTAL |
515,000 |
87,000 |
428,000 |
12. Local Board Services staff are in discussions with various council departments to understand what activities could be achieved within the remaining months of the current financial year. It is anticipated that this information will be available to present to the board at its April 2017 business meeting for consideration.
Policy and Planning
Annual Plan 2017/2018
13. Council is currently consulting on the Annual Plan 2017/2018, with submissions closing on Monday 27 March 2017.
14. The board must agree its final LDI and advocacy points during the week of 1 – 5 May 2017. This information will be used to produce the draft local board agreement and will inform the governing body when they meet to agree Annual Plan 2017/2018 budgets at the end of May 2017.
15. As there is no ordinary meeting scheduled within this timeframe, it is recommended that an extraordinary meeting is held at 4:00pm on 3 May 2017. The purpose of this meeting is to provide local input into the Annual Plan 2017/2018 following consideration of consultation feedback, including agreement on:
· final Locally Driven Initiatives budgets;
· recommendations on other financial matters; and
· advocacy.
Consideration
Local board views and implications
16. Local board views are sought via this report.
Māori impact statement
17. There are no specific impacts on Māori arising from this report.
Implementation
18. The ANZAC Day services are being managed by the council’s Civic Events team. Relevant information will be provided to those members that are nominated to fulfil a role on the day.
19. Local Board Services staff will be preparing activity proposals in conjunction with council departments for the board to consider allocating unspent operational LDI towards.
20. Local Board Services staff will make the necessary arrangements to hold an extraordinary meeting on the Annual Plan 2017/2018 in May.
There are no attachments for this report.
Signatories
Authors |
Paul Edwards - Senior Local Board Advisor - Kaipatiki |
Authorisers |
Eric Perry - Relationship Manager |
Kaipātiki Local Board 15 March 2017 |
|
Governing Body and Independent Maori Statutory Board Members' Update
File No.: CP2017/03198
Executive summary
An opportunity is provided for Governing Body and Independent Maori Statutory Board members to update the board on Governing Body or Independent Maori Statutory Board issues, or issues relating to the Kaipātiki Local Board.
That the Kaipātiki Local Board: a) receive the Governing Body and Independent Maori Statutory Board members’ verbal updates. |
There are no attachments for this report.
Signatories
Authors |
Blair Doherty - Kaipatiki Local Board Democracy Advisor |
Authorisers |
Eric Perry - Relationship Manager |
Kaipātiki Local Board 15 March 2017 |
|
File No.: CP2017/03091
Executive summary
1. An opportunity is provided for members to update the Kaipātiki Local Board on the projects and issues they have been involved with since the last meeting.
2. Member Ann Hartley has submitted a written report (refer Attachment A).
That the Kaipātiki Local Board: a) receive the report from Member Ann Hartley. b) receive any verbal reports of members. |
No. |
Title |
Page |
a⇩
|
Members report - Ann Hartley |
255 |
Signatories
Authors |
Blair Doherty - Kaipatiki Local Board Democracy Advisor |
Authorisers |
Eric Perry - Relationship Manager |
15 March 2017 |
|
Workshop Records - Kaipātiki Local Board Workshops - Wednesday 8 February 2017, Wednesday 15 February 2017 and Wednesday 22 February 2017
File No.: CP2017/03199
Purpose
1. The purpose of this report is to record the Kaipātiki Local Board workshops held on Wednesday 8 February 2017, Wednesday 15 February 2017 and Wednesday 22 February 2017.
Executive Summary
2. At the workshop held on Wednesday 8 February 2017, the Kaipātiki Local Board had briefings on:
· Northcote Safe cycle route;
· Local Board Plan;
· Birkenhead mainstreet stage 2; and
· Northart review.
3. At the workshop held on Wednesday 15 February 2017, the Kaipātiki Local Board had a briefing on:
· Local Board Plan.
4. At the workshop held on Wednesday 22 February 2017, the Kaipātiki Local Board had a briefing on:
· Pest-free Kaipātiki.
5. The workshop records are attached to this report.
That the Kaipātiki Local Board: a) receive the records for the Kaipātiki Local Board workshops held on Wednesday 8 February 2017, Wednesday 15 February 2017 and Wednesday 22 February 2017. |
No. |
Title |
Page |
a⇩ |
Kaipātiki Local Board workshop record - Wednesday 8 February 2017 |
259 |
b⇩ |
Kaipātiki Local Board workshop record - Wednesday 15 February 2017 |
261 |
c⇩ |
Kaipātiki Local Board workshop record - Wednesday 22 February 2017 |
263 |
Signatories
Authors |
Blair Doherty - Kaipatiki Local Board Democracy Advisor |
Authorisers |
Eric Perry - Relationship Manager |
Kaipātiki Local Board 15 March 2017 |
|
Exclusion of the Public: Local Government Official Information and Meetings Act 1987
That the Kaipātiki Local Board:
a) note the confidential status of Attachments E and H to Item 12 for the following reasons.
12 Project 17: Auckland Council Maintenance Contracts - Attachment e - Supplier Specific Information
Particular interest(s) protected (where applicable) |
s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). In particular, the report contains information regarding an ongoing tender that is still under negotiation.. |
12 Project 17: Auckland Council Maintenance Contracts - Attachment h - Contract Information
Particular interest(s) protected (where applicable) |
s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). In particular, the report contains information regarding an ongoing tender that is still under negotiation.. |