19 June 2025
Jacinda Lean
PO Box 13486
Tauranga Central
Tauranga 3141
Kia ora Jacinda,
Local Government Official Information Request – Minden Road Resealing
I refer to your official information request received by Western Bay of Plenty District Council
(Council) on 3 June 2025 where you requested information pertaining road sealing work at
Minden Road.
The answers to your questions are set out below:
As you would be aware, there continues to be significant frustration, dissatisfaction and
daily inconvenience for Minden residents and road users with the resealing work currently
continuing on the section of Minden Rd (from above Florence Lane to the crest above the
Lookout). Many within the community are concerned that the resealing completed so far
has left the road in a worse condition than before.
Can you please provide information on:
a.
The Tender date, range of quotes received, and the form of project control and
governance.
A “tender date” and “quote range” cannot be provided because the works were procured
via direct appointment, which means that the contractor was engaged without a
competitive tendering process. Contract governance is undertaken in accordance with
NZS 3910:2013, conditions of contract for building and civil engineering construction.
b.
Process for consideration of road surface options and assessment of each (especially
for surfacing in asphalt given it was used on the bends immediately lower to this
section).
The work that is currently being undertaken is pavement maintenance in advance of
resealing, which is expected to take place within 9 - 10 months. The repairs are surfaced
with a first coat seal, selected in accordance with the principles described in the
“Chipsealing in New Zealand” textbook and designed and constructed in accordance with
NZTA TNZ P03: 2025 Specification for First Coat Sealing.
A6796264
c.
The original timeframes for the start and completion of the resealing work on this
section of road.
The commencement date was 03 March 2025 and the due date for completion is
30 June 2025.
d.
The current estimate for the completion date for all work and the return of the road
surface to operable standards.
The works are expected to be complete prior to the end of June 2025.
e.
Details on each decision to extend the expected completion date, the reasons for this,
and how this was communicated to Minden residents & other road users on each
occasion.
The contract duration included an allowance for inclement weather; therefore, an
extension of time has not been requested or granted.
Communication with residents and road users has been via the Variable Message Sign
(VMS) at the start of the works.
f.
The process undertaken by Western Bay of Plenty District Council (WBOPDC) or
WestLink for the awarding of the contract to the contractor (whom I believe to be ECB
Group Ltd).
A market analysis, undertaken by Council’s engineering consultant, recommended that
direct appointment be used to procure the supplier for the following reasons:
1.
The deadline for completion of the works is 30 June 25. A competitive procurement
process would have reduced the time available for construction by 6-8 weeks.
2.
The rates tendered by the contractor were reasonable and competitive when
compared to market rates across the Bay of Plenty and Waikato.
3.
It provided Council with an opportunity to trial a supplier who has not previously
undertaken work for Council and gauge their capability.
4.
When the supplier was procured direct appointment was permitted by Council’s
funding partner NZTA by dispensation.
g.
The weighting given to price and any other non-price attributes including such areas
as timeliness; health & safety performance; quality and resilience of the work;
community & stakeholder engagement.
This information is not available as the contract was awarded by direct appointment.
h.
How the Contractor ranked on each category compared to all other tenderers.
This information is not available as the contract was awarded by direct appointment.
i.
What are the possible penalty clauses for any failures, breaches or non-compliance
contained within the contract.
The Contract does not include any penalty clauses however payment may be withheld for
work that is not completed in accordance with the specification.
j.
What, if any, penalties have already been imposed on the contractor, or may be
imposed for failures in relation to timeliness, quality/resilience, or safety on this
project.
The contract does not include any penalty clauses however liquidated damages may be
sought for late completion.
k.
What is the expected life span for road resealing of the type currently being undertaken
and other alternatives?
A first coat seal should be resealed within 12 months of construction.
l.
What is the WBOPDC estimated of life span of this resealing work specifically? How
long will it last before further work would be scheduled?
A well maintained chipseal surface typically lasts 10-15 years before it must be resealed.
m.
The per kilometre whole of life cost as at the point of the original contract, current costs
given repairs required, and costs once any penalties are imposed or payments
withheld?
A whole-of life assessment has not been completed. The whole of life cost includes not
only these works but all future works (e.g. resealing, maintenance).
n.
What engineering and/or quality assurance reviews and assessments have been
undertaken by WBOPDC, Westlink or qualified third party on road condition and the
resealing work undertaken or will be required prior to project completion and final
payments made.
No reviews or assessments were undertaken prior to the works. A Council engineer
inspected the damage, considered different repair options, and identified the preferred
treatment by using their years of civil engineering training and experience.
An engineering consultant has been engaged to undertake management, supervision,
and quality assurance of the works.
o.
Given the safety incidents that have occurred (tanker at the Lookout toppling over & a
car going over the bank lower down) and observed poor adherence to industry
standards on health and safety (such as correct use of PPE, site maintenance etc),
have any reports been made to Worksafe about safety incidents, and if so what dates
and the outcomes of each of those notifications.
There have been no incidents on site that needed to be notified to WorkSafe.
p.
Given Minden Road is regularly used as an informal and/or formal alternate route or
diversion if there is congestion or blockages on SH 29 and/or SH2, any communication
with NZTA/Waka Kotahi about the road resealing and impact on the network.
Coordination with Waka Kotahi was not deemed necessary because Minden Road is not a
formal state highway detour route.
q.
What co-ordination has occurred with the Takitimu TNL or the Tauriko Alliance to
consider wider network impacts.
No coordination has occurred with Takitimu TNL or the Tauriko Alliance because the works
have negligible impact on those projects.
r.
It was noted that throughout the resealing work the contractor has had multiple
sections of the road open at any given point. This led to adverse impacts during the
Easter period as a large number of sites were open ahead of the forecast bad weather &
public holidays leading to a rush to make the road driveable without traffic
management over the holiday period, and then unsurprisingly the surface deteriorated
from the weather and significant rework was required (which again has opened up
with further potholes). Please advise whether the repair approach & decision to have
multiple locations open at once was made by the contractor or the Council?
The contractor is responsible for programming and delivery of the work. The first coat seal
applied to some repairs failed because of a sudden onset of wet weather and had to be
replaced. This was done at the Contractor’s cost.
You have the right to seek an investigation and review by the Ombudsman of this decision.
Information about how to make a complaint is available at www.ombudsman.parliament.nz or
freephone 0800 802 602.
Ngā mihi
Peter Watson
Acting General Manager, Infrastructure Services
