In order for Councillors to discuss the content of this ... · •The wall is structurally unsound • There is serious movement/bowing in the wall (at least 300mm inward towards

ITEM EPS05 REPORTS 24/10/16

N O R T H S Y D N E Y C O U N C I L R E P O R T S

Report to General Manager Attachments:

Nil. SUBJECT: Emergency Retaining Wall Works – 58 Blues Point Rd, McMahons Point AUTHOR: Jon Higlett, Engineering Infrastructure Manager ENDORSED BY: Duncan Mitchell, Director Engineering and Property Services EXECUTIVE SUMMARY: In mid September 2016, EPS was requested by Compliance to inspect the retaining wall at the above property. A site inspection was conducted on 16/9/16. The wall was regarded to be unstable and requiring urgent attention. This assessment was subsequently corroborated by Council’s Structural Consultant, Macleod Consultants. Due to extenuating circumstances and the emergency nature of the works, it is proposed to demolish and rebuild the wall without calling for tenders. The works will be undertaken utilizing Council’s Schedule of Rates for Civil Works, Contract 1/2017.

In order for Councillors to discuss the content of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. FINANCIAL IMPLICATIONS: Funding is available from the Capital Works Reserve. It will mean that the funds required for these emergency works will reduce the overall funding availability from the 2017/18 Capital Works Reserve. Comment by Responsible Accounting Officer: Funding for the project is appropriate. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable. RECOMMENDATION: 1.THAT Council accept to award the emergency retaining wall works at 58 Blues Point Rd

Report of Ashraf Doureihi, Engineering Project Manager Re: Emergency Retaining Wall Works at 58 Blues Point Rd, McMahons Point

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for the estimated cost outlined in the attached Confidential Memorandum without calling for tenders due to extenuating and the emergency nature of the works as outlined in this report.


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LINK TO DELIVERY PROGRAM The relationship with the Delivery Program is as follows: Direction: 2. Our Built Environment Outcome: 2.1 Infrastructure, assets and facilities that meet community needs BACKGROUND In mid September 2016, Council’s Compliance Team brought to EPS attention the wall at the above property which had been served with an Emergency Order. There are extensive works being undertaken at the property which is the subject of a Development Consent. EPS inspected the site on 16 September 2016 and made the following observations/advice to Compliance:

• The wall is structurally unsound • There is serious movement/bowing in the wall (at least 300mm inward towards the

property from the vertical face) • The wall comprises of two parts:

o The top 4 sandstone courses - built above the footpath to act as a ‘private’ boundary fence (height is approx. 1.6m)

o The bottom 8 sandstone courses - built on the boundary to retaining Council’s footpath and roadway (height is approx.. 2.4m)

• The top 4 sandstone courses are built on top of the bottom wall • This section of wall may have contributed to the instability • Tradesmen were working at the base of the wall • There was no evidence that the development works had contributed to the

instability, however perusal of any dilapidation reports of the site from the developer was recommended before ruling this out completely.

Recommendations:

• It is unsafe for anyone to work within the vicinity of the wall, esp. at the base of the wall

• Request the rangers to barricade the entire parking lane adjacent to the subject property on the West Cr St frontage – this will minimise pressure on the wall from vehicular loadings)

• Council to stabilise the wall ASAP as emergency works • Council to engage it’s structural Engineer – Don Macleod – to prepare a design

using best practice engineering which is sympathetic to the heritage nature of the wall.

Macleod Consultants were subsequently engaged to independently investigate the wall (a copy of the Consultant’s report is enclosed). The consultant’s main findings were:


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• There are obvious signs of lateral movement and bowing of the subject sandstone retaining wall in towards the property with the sandstone fence over, also leaning in that direction.

• There are visible signs in the road pavement of longitudinal cracking and joint separation of the retaining wall from the footpath consistent with movement of the retaining wall towards the property.

• There was no sign of a local failure or cracking to indicate an immediate collapse. There was noticed severe weathering and fretting of the sandstone blocks on the retaining wall.

• The retaining wall is unstable and will ultimately fail, particularly if heavy rainfall occurs (increased hydrostatic pressure potential) and surcharge from potentially heavy vehicles in West Crescent Street.

Responsibility and Ownership of the Wall

The wall on the West Crescent street frontage comprises of two sections: upper and lower. The lower wall comprises of 8 sandstone blocks and is approximately 2.5m below the footpath level. This section of wall retains the footpath and roadway and is owned by Council. The upper section consists of 4 courses of sandstone with a wrought iron fence on top. This section of wall is considered as a private structure and originally falls under the responsibility of the property owner. However, because the lower wall, which belongs to Council, has moved causing the upper section to also move then the responsibility to repair this section falls on Council.

Heritage Significance and Planning Controls

The upper section of wall is listed as a heritage item in Council’s LEP (I0410) and is a private structure built in the Victorian era (i.e. 1837-1901). This structure is also registered with the NSW Office of Environment and Heritage – refer to link below. http://www.environment.nsw.gov.au/heritageapp/HeritageItemImage.aspx?ID=2180644#ad-image-0 Council will develop a plan of management to guide the contractor when dismantling and reconstructing the heritage item. Most of the sandstone blocks in this section are still intact and can be reused. The existing iron fence has rusted significantly and all effort will be made to salvage the fence. The heritage item also includes column posts which don’t form of the repair works. These columns will be protected during construction – refer to figure 1 below.

http://www.environment.nsw.gov.au/heritageapp/HeritageItemImage.aspx?ID=2180644#ad-image-0

http://www.environment.nsw.gov.au/heritageapp/HeritageItemImage.aspx?ID=2180644#ad-image-0


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Figure 1 – Heritage Gate posts, columns, iron fence and sandstone blocks Proposed Rectification Works Macleod Consultants have reviewed the remedial measures proposed by the owner’s Structural Engineer and recommended against the installation of ground anchors as it is not feasible at this location due to close proximity of the house to the wall and inability to obtain adequate clearance to drill the holes for the anchors and also because the sandstone blocks are in such a poor condition the anchors would not hold. The more practical and cost effective solution is to demolish the wall and use a reinforced earth approach using a new sandstone facing with a geomat reinforced granular filling behind the wall. This method has been previously and successfully implemented at Waiwera St and High St. The new sandstone facing will the existing so that the heritage character of the wall is preserved. Interim Measures Based on advice given by the Engineering and Property Division, Council’s Compliance Department has instructed the Developer at the subject property to relocate workers away from the wall due its dangerous state. The Rangers have also closed the footpath, parking lane and installed no stopping signs on the West Crescent St frontage for public safety purposes. This area has also been barricades accordingly. CONSULTATION REQUIREMENTS Community consultation will be required at Milson Rd and Shellcove Rd sites because there will be a loss of privacy due to the removal of some trees which will be required to facilitate the necessary works.


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SUSTAINABILITY STATEMENT The sustainability implications are of a minor nature and did not warrant a detailed assessment. Procurement Framework NSW Local Government Act 1993 Under s55 (1) of the NSW Local Government Act 1993 (ACT), Council is required to invite tenders before it enters into a particular contract, unless Council is exempt from that requirement under s55(3) of the LG Act. Section 55 (3) of the Act sets out exemptions in which the requirement under s55(1) to invite tenders does not apply. Section 55(3)(i) and (k) provides that a council is not required to call for tenders for a contract where ‘because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders’ and ‘a contract made in a case of emergency’. The circumstances under which Section 55 (3) of the Act allow direct procurement over and above the statutory threshold of $150,000 are listed below and the applicant circumstance(s) are highlighted for clarity purposes.

(3) This section does not apply to the following contracts: (a) subject to the regulations, a contract for the purchase of goods, materials or services specified by a person prescribed by the regulations made with another person so specified, during a period so specified and at a rate not exceeding the rate so specified (b) a contract entered into by a council with the Crown (whether in right of the Commonwealth, New South Wales or any other State or a Territory), a Minister of the Crown or a statutory body representing the Crown (c) a contract entered into by a council with another council (d) a contract for the purchase or sale by a council of land (e) a contract for the leasing or licensing of land by the council, other than the leasing or licensing of community land for a term exceeding 5 years to a body that is not a non-profit organisation (see section 46A) (f) a contract for purchase or sale by a council at public auction (g) a contract for the purchase of goods, materials or services specified by the NSW Procurement Board or the Department of Administrative Services of the Commonwealth, made with a person so specified, during a period so specified and at a rate not exceeding the rate so specified (h) a contract for the employment of a person as an employee of the council (i) a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders (j) contract for which, because of provisions made by or under another Act, a council is exempt from the requirement to invite a tender


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(k) a contract made in a case of emergency (l) a contract to enter into a public-private partnership (m) if a council has entered into a public-private partnership-a contract entered into by the council for the purposes of carrying out a project under the public-private partnership (but only to the extent that the contract is part of the project that has been assessed or reviewed under Part 6 of Chapter 12) (n) a contract involving an estimated expenditure or receipt of an amount of less than $100,000 or such other amount as may be prescribed by the regulations (o) a contract that is an environmental upgrade agreement (within the meaning of Part 2A) (p) a contract or arrangement between a council and the Electoral Commissioner for the Electoral Commissioner to administer the council’s elections, council polls and constitutional referendums.

The Tendering Guidelines for NSW Local Government (2009) stipulates:

Section 55(3) of the Act outlines the types of contracts that are exempt from the tendering process. Extenuating circumstances and cases of emergency are not defined by the Act and should be used as an exemption to the tendering requirements only after careful consideration with the reasons clearly documented.

The Guidelines also stipulate that the fundamental principles governing tendering in Local Government is to ensure councils will be able to provide assurance of:

• openness and accountability; • build anti-corruption capacity; and • achieve the best value for money.

Case for Extenuating Circumstances Extenuating circumstances are circumstances that allow deviation from the usual procurement processes stipulated under the ACT. The meaning of extenuating circumstances is not defined by the ACT or any of the accompanying regulations. However, ICAC guidelines for managing risks in direct negotiations advise that in situations where a delay would threaten public health and safety, damage the environment or create a serious legal or financial risk, direct negotiation may be warranted. Taking into considering the NSW Tendering Guidelines and ICAC’s guidelines, the extenuating circumstances arising on this occasion are:

• Emergency nature of the works; • Minimisation of disruption to the local community; and • Best value for money to Council.

Emergency Nature of the Works The proposed reconstruction of the wall constitutes emergency works. If the works are delayed then there is great risk that the wall will collapsed into and onto the adjacent property and undermine the footpath and road along West Crescent Street.


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Minimisation of Disruption to the Local Community This section of wall is located at the intersection of Blues Point Rd and West Crescent St which is relatively close to the Harbour foreshore. The area is heavily trafficked by pedestrians and tourist, not to mention the area being prime spot for new-years eve fireworks. West Crescent St also services many residents and acts as the prime root to Sawmillers Reserves. Expediting the works is critical to prevent the collapsed of the wall. The proposed works will take 4 weeks to complete. Best Value for Money to Council Direct procurement is recommended utilizing Council’s Annual Schedule of Rates Contract 1/2017 because of the emergency nature of these works. Project Program

Anticipated Start: July 2016

Anticipated Completion: December 2016

Responsible Officer: Ashraf Doureihi, Engineering Project Manager

Figure 2 – view of the bulging wall property below street level

Figure 3 – View of retaining wall from the footpath level leaning towards the adjacent property


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Figure 3 - Proposed Remedial Works

Documents

In order for Councillors to discuss the content of this ... · •The wall is structurally unsound • There is serious movement/bowing in the wall (at least 300mm inward towards