Cabinet Member Report Date: Subject: 2 February 2009 Waste Collection, Recycling and Street Cleansing Services Contract Re-Let – Approval of Service Levels Summary The current contract for Waste Collection, Recycling and Street Cleansing Services is due for renewal on 15th September 2010. To deliver value for money and continuing innovation the contract will be let using the Competitive Dialogue procedure. This will enable bidders to contribute to the design of performance management systems, make proposals to further reduce carbon emissions and reduce financial risk by gaining a full understanding of the standards and scale of services we require and how these can be delivered in a constantly changing operating environment. The ‘headline’ standards of service we will provide and be judged on by residents, businesses and visitors will however not be a subject of discussion with bidders. These will be firmly fixed in accordance with the wishes of Members and the wider community. The public consultation exercise has confirmed high levels of satisfaction with existing services but with a strong demand for more recycling. Increasing the number of litter bins and doing more to tackle smoking-related and fast food litter were also frequently suggested as key areas for improvement in street cleansing services. These changes and other suggested service improvements have been incorporated into the proposed service levels for the new contract. Recommendations That the service levels detailed in Appendix 1 to this report are incorporated into the tender documentation and that the contract be advertised for letting in accordance with EU Public Sector Procurement Rules. 1 Cabinet Member Report City of Westminster Cabinet Member: Date: Classification: Title of Report: Report of: Wards involved: Policy context: Financial summary: Cllr Danny Chalkley - Environment & Transport 2 February 2009 For General Release Waste Collection, Recycling and Street Cleansing Services Contract Re-Let – Approval of Service Levels Director of Environment & Leisure All A more sustainable, cleaner and greener city (City Plan). The current Contract has an annual value of £37.8m. Report Author: Mark Banks – Waste Strategy Manager Contact details Tel: 020 7641 3369 mbanks@westminster.gov.uk 2 1. Background Information 1.1 Formal preparation for this contract re-let commenced in summer 2008 with the establishment of a Project Board chaired by the Deputy Chief Executive, John Barradell, with senior management representatives from the finance, legal, procurement, environment and customer services portfolios. 1.2 The re-let strategy has been reviewed, amended and agreed after consultation with the Contracts Review Board, Chief Executives Strategy Group and on two occasions with the Built Environment Policy and Scrutiny Committee. A comprehensive public consultation exercise was also conducted during September to December 2008. The service levels set out in this report were designed at the end of this consultation phase and were then subject to further scrutiny at a specially convened Members Task Group meeting on 19th January. 1.3 The service levels set out in this report will form the basis on which tenderers prepare their bid prices. It should be emphasised however that the range and scale of individual services will change throughout the life of the contract. The need for flexibility will be emphasised to bidders throughout the process. 2. Process and Timetable 2.1 This report focuses solely on the range and standards of service to be delivered directly to customers in the new contract. Many of the supporting functions (provision of depots, types of vehicles, IT systems, retention and training of staff etc.) that are critical to the successful delivery of high quality services will be the subject of discussions with bidders before the full set of contract documents is finalised. The development of these ‘dialogue topics’ is being managed and authorised by a Re-let Project Board chaired by the Deputy Chief Executive; John Barradell. 2.2 The large number of vehicles to be procured for the new contract means that a 10 month lead-time has been included in the re-let programme. Key stages in the programme are: Action Date Cabinet Member approval of service levels end Jan. OJEU Notice published early Feb. Pre-Qualification Feb-March Dialogue Period April – June Evaluation of Detailed Solutions July – August Final Tenders Submitted September 3 Contract Award Nov. 2009 Contract Start Sept. 2010 3. Results of Public Consultation 3.1 The public consultation programme ran for three months from mid-September and was designed with support from the City Council’s Head of Consultation. In total 1700 questionnaires were distributed to key stakeholders including schools, places of worship, businesses and residents. In addition, 80 letters were sent to the chairmen of the residents association. The consultation was advertised in the recycling newsletter, Westminster Reporter and council website. 170 residents and 75 businesses provided feedback via the online consultation or hard copy questionnaires. A further 150 verbal responses were gained via workshops at all of the Area Forums. Aside from a presentation at the annual meeting of the Westminster Amenity Societies Forum, no residents associations took up the invitation for officers to present on the re-let at association meetings. 3.2 Individual consultation meetings were also held with organisations with specific interests including the Business Improvement Districts, Transport for London and neighbouring boroughs. 3.3 3.3.1 Waste Collections 76% of residents were satisfied with the current waste collection regime; this finding being consistent with the 82% of residents that were satisfied with waste collection services in the 2008 City Survey. As regards business respondents, 79% are satisfied with the current waste collection service with 46% wanting a daily collection (which is the minimum frequency in the majority of business areas and rises to three collections a day in many West End streets). 3.4 3.4.1 Recycling Services This was the main area of discussion and comment from all groups consulted. Whilst 76% of residents were satisfied with current recycling collections in the 2008 City Survey there is a clear demand for more frequent and more varied recycling services. Twice weekly collections were requested by 42% of residents. When asked what would encourage them to recycle more, 70% wanted to be able recycle a wider range of plastics, while 46% said collect Waste Electrical and Electronic Equipment (WEEE) and Batteries. Increase the number and size of recycling containers and provide more street litter recycling facilities were also common requests. The need for better communications and more enforcement against non-participants were also frequently mentioned. 3.4.2 Business respondents were unhappy with the lack of commercial recycling services provided with 40% expressing their dissatisfaction. The most common materials requested to be collected for recycling were office paper and redundant electrical equipment collections. These materials most probably reflect the bias towards respondents mostly being ‘offices’ and glass, cardboard and food waste would undoubtedly have featured on this list if more shops and bars/restaurants had responded. 4 3.4.3 It should be noted that many of the suggestions made by respondents are already being acted upon – for example a new pilot recycling scheme aimed at small businesses in Mayfair was recently launched. Little Venice is also using a proportion of its Ward Budget to pay for a second doorstep recycling collection each week. Food waste collections are also already taking place on Church Street Estate. 3.5 3.5.1 Street Cleansing The questionnaire results showed that 72% of residents believe the streets are very clean or fairly clean. This again is consistent with the 83% of residents who were satisfied with street cleansing services in the 2008 City Survey. The main causes for concern raised by residents were split bags causing litter issues, smoking related litter and fast food litter. 63% of residents suggested that more litter bins should be installed and existing bins should be emptied more often. 3.5.2 As regards business responses, 83% think their area is clean. 50% reported smoking related litter is an issue while 40% said fast food waste was a problem. 70% of businesses said installing more litter bins would help relieve litter problems. 3.6 3.6.1 Waste Resources Action Programme (WRAP) The Government’s waste agency WRAP undertook a ‘critical friend’ exercise analysing the proposed recycling and waste collection specifications. The main comment concerned the Big Black Bin Service which, given a comprehensive doorstep waste collection service is already available, makes it easier to dispose of ‘black bag’ waste than to recycle it. WRAP commented, “A reduction in outlets for residential waste or bin sizes has been shown elsewhere in the country to result in increased levels of recycling.” 3.6.2 Concerning the wider carbon agenda WRAP observes that “A desire to provide more services could actually result in an increase in the numbers of vehicles. This would need to be offset by any carbon/environmental savings that could be derived from handling waste differently or from vehicles using different energy sources or simply recognised that there needs to some short term growth in order to achieve a longer term gain.” 3.6.3 WRAP also supported an extension of the “In-vessel Rocket” food waste composting scheme operating in Church Street. They also suggest removing glass from doorstep recycling collections to increase materials quality. The provision of more bottle banks would also potentially increase the carbon benefits of glass being recycled back into glass bottles/jars rather than its current use as an aggregate replacement in road building etc. 3.6.4 WRAP also note the challenges of increasing recycling rates within an innercity environment with large numbers of flats. The table below compares recycling rates for London boroughs with the largest proportions of flatted accommodation (excluding City of London which has less than 2000 households in total). A comparison with other cities is less easily achieved as councils service large suburban areas as well as households in the city centre. 5 The key reasons for authorities with higher recycling rates than Westminster are more frequent recycling collections or the local provision of a Recycling Centre (‘council tip’). Flats as % of total households Recycling Rate 07/08 Ranking Westminster 87 22 5 Camden 83 24 =2 Tower Hamlets 82 14 9 Kensington & Chelsea 80 27 1 Islington 79 21 6 Hackney 73 16 =7 Lambeth 70 23 4 Wandsworth 63 24 =2 Southwark 61 16 =7 Authority * BVPI 82a data i.e. excludes composting rate 3.7 3.7.1 Greater London Authority The City Council has a statutory duty to consult the Greater London Authority on all waste contracts and to take account of their comments. Officers have been in contact with GLA colleagues throughout the re-let to date and this will continue throughout the process. In meetings to date the GLA’s main focus has been on encouraging the City Council to increase the amount of waste sent for recycling or composting (and most particularly food waste composting). 3.7.2 As noted above the growth of recycling services will be a key driver during this re-let and a subject for discussion with bidders. Collecting food waste is dependent on having a processing facility to deliver it to and there are currently no such facilities with spare capacity within Greater London. This situation will undoubtedly change during the next few years and the possibility of collecting food waste will be included in the specification as an option but is unlikely to be implemented on the contract start date. 4. Scope Of Services 4.1 A summary of the proposed service levels is detailed in Appendix A. The ‘headline’ proposals for services in the next contract are that: Waste Collection There are to be no changes to the current frequencies of waste collections for residents and businesses. All residents will continue to receive a minimum of two waste collections per week; 6 The large ‘OMB’ Big Black Bins are to be ‘retired’ due to ongoing reliability problems. All Big Black Bins will be wheeled bins which shall all be emptied at least three times each day. The number of sites will also be reduced from 178 to 140 and all sites will be paired with Recycling Bins; The Special Collection Service will have extended operating hours (including Sunday collections) that are more convenient for customers. It will be made easier to pre-book a collection and a wider range of materials will be collected including small electrical items. Recycling Equality of opportunity - every opportunity to deposit waste will be matched with a recycling opportunity whether on-street, at home or in the workplace; If the Little Venice scheme proves to be successful and if affordable, then a second weekly doorstep recycling collection will be introduced for all households; Pairing of litter bins and recycling litter bins; Street sweepers to separately collect recyclable litter; Provision of a limited recycling collection service on Christmas Day; Collection of batteries and small electrical items at libraries, one stops and selected Micro Recycling Centre sites; A city-wide garden waste collection service; A call-off option for food waste collection services; An expansion of commercial waste recycling services. Street Cleansing An increase in the number of litter bins from 1,500 currently to 2000 in total; Wherever practical litter bins will be ground-fixed so that they remain where they are most convenient to the public rather than the person who empties them; Litter Bins will be emptied a minimum of 2 and 6 times daily in Zone 1 (‘residential’) and Zone W (‘commercial’) respectively. The current requirement for 4 and 8 times respectively is considered excessive and inefficient; Improvements in mechanical and semi-mechanical equipment used; A more targeted flushing regime with an emphasis on quality rather than quantity – as well as routine flushing to clear detritus and superficial staining there will be a deep-cleaning capacity for heavy staining, and the microbiological treatment of fouling sites will be mechanised; The Janitor Services for Chinatown and Leicester Square are to be combined in recognition of the street cleansing activities now being provided by third parties; Services to remove dead animals and on-street hazardous waste to be enhanced. The Olympics and other exceptional events will be priced separately with resources being called off as required; 7 4.2 4.2.1 Big Black Bins The large OMB Big Black Bins (2400 and 3200 litres capacity) were introduced in 2004 on the basis that they provided more capacity than standard (& previously used) 1280 litre wheeled bins and could be emptied less frequently (once or twice per day compared to three times daily for wheeled bin sites). It has been found however that the extra capacity is under-utilised and ongoing vehicle reliability problems have caused significant service problems. OMB’s will therefore be phased out and only wheeled bin sites will be used in the new contract. 4.2.2 At the same time it is proposed to reduce the total number of Big Black Bins from 178 to 140 with all sites also being paired with Recycling Bins. The reason for the reduction in numbers is to re-establish the service for its core purpose i.e. providing disposal facilities in areas with large numbers of converted flats and short-stay accommodation. During the current contract there has been a creeping trend to install Big Black Bins as a first response in areas with dumping problems rather than the more difficult approach of identifying miscreants and undertaking education and/or enforcement action. This trend will be reversed. 4.3 4.3.1 Recycling and Re-Use Services In response to the targets established by the Waste Framework Directive and the Climate Change Act, the City Council has set itself a number of very challenging recycling and carbon targets during the period of the next contract. Levels of household waste, which includes street cleansing waste, that have to be reused and recycled will need to increase from the current rate of 23% to above 40% in the life of the next contract. As is clear from the consultation, residents want to reuse and recycle more materials more frequently. 4.3.2 Minimum standards of service will be specified for the ‘basic’ range of recycling services to be provided (numbers of households to be served, numbers of bins on streets etc.). Reducing, re-using and recycling or composting more waste will however be an increasing area of focus and growth throughout the next contract period and it is therefore proposed to discuss this area with bidders to see how benefits can be maximised. 4.3.3 It is recognised however that this contract is only one element in the delivery of recycling services. How we effectively communicate with residents and businesses will remain the responsibility of the City Council. Increasing the range of materials collected for recycling will be determined largely by our waste disposal contracts. Re-using electrical items, furniture and other ‘niche’ waste materials may be better delivered through local community groups rather than this contract. 4.3.4 While the bulk of communications activity will be undertaken by the City Council, the specification will also expand the role of collection crews as service ambassadors taking a more proactive role than previously in reporting service problems, monitoring specific services including contamination reporting, participation monitoring, container use levels, checking bag stock levels to inform delivery schedules, and delivering literature to properties that fail to engage in services. 8 4.4 4.4.1 Street Cleansing Regarding the issues highlighted during consultation, split waste bags spilling their contents is primarily an enforcement issue and won’t be pursued as part of this contract re-let process outside of specifying rapid response times to clear such spillage as soon as it is identified or reported. Tackling smoking and fast food related litter is again partly an enforcement issue but the provision of more litter bins with ‘stubber’ plates to encourage smokers to do the right thing will be included in the specification. 4.4.2 Litter Bins - As noted above significant changes to the litter bin service will be the main area of change in the street cleansing services. A decision has not yet been taken on whether a new design of litter bin is needed or whether modifications to the existing design can be made to improve their appearance and more effectively encourage smokers to responsibly dispose of their cigarette butts. Such decisions will not however effect the base specification which bidders will use to prepare their quotations. 4.4.3 Greater attention will also be paid to the cleaning and maintenance regime for litter bins e.g. ensure that clean bins are taken out on a vehicle and swapped with the ones on-street to prevent problems currently experienced with reinstatement (e.g. bins being put in the wrong location, the wrong type of bins being put out, and bins not being returned to locations at all). 4.4.4 Flushing - will also be increased from current levels. Vehicles will be fitted with GPS tracking systems so managers will know whether, when, and where the vehicles are being deployed. The Client (and BIDs, who during stakeholder consultation have all emphasised interest in validating the baseline agreements) will know what proportion of the service is actually being delivered. Vehicle capacity will continue to be available for ‘Civic Watch’ and similar initiatives, and within a 2 hour Response Time for ad hoc requests. ‘Spotting’ will cease in favour of periodic deep-cleaning of larger areas and the use of a denaturing cleaning agent. 5. Financial Implications 5.1 The annual contract price was inflated by RPI(X) (@ 5.316%) on the recent contract anniversary; 15th September. This inflator alongside additional recycling services added during the current financial year brings the current contract price to £37.8m. 5.2 The existing Business Plan for the Environment and Leisure Department includes a total saving of £838K relating to Waste Collection and Street Cleansing services by 2011/12 (agreed figures also inflated by 5.316%). A cash limit on spending increases of 2% is also proposed from 2011/12. The annual budget for the new contract will therefore be approximately £37.0m. 9 Environment & Leisure Business Plan 2009/10 2010/11 2011/12 Total Business Plan - (£668K) (£170K) (£838K) Proposal - - - - Difference - - - - 5.3 Bidders will be made aware of the council’s budget but will also be made aware that they are competing on price as well as quality and risk. The evaluation model to be included in the tender documentation will clearly show the relative weightings given to quality, price and risk. 5.4 Northern Strategic Depot - To stimulate competition it has been agreed to purchase, should it be necessary, a Northern Strategic ‘vehicle park’ depot to the north west of the City. A sum of £6million has been included in the 2009/10 Capital Programme for the purchase and development of a site. 6. Legal Implications 6.1 There are no legal implications arising directly from this report. The re-letting exercise will be subject to EU Public Sector Procurement Rules. External legal advisers (Sharpe Pritchard) have been appointed to support and advise officers and members throughout the procurement process. 7. Staffing Implications 7.1 A major area of growth in the new contract will be the continuing expansion of recycling services. To support this growth a One City bid (£117K) has been prepared to expand the current recycling team of 4 FTE’s by a further 3 FTE positions from 2009/10. These new positions will be focused on promoting behavioural change at a neighbourhood level. There are no other specific implications for council staff arising from this contract re-let. 7.2 Tenderers will be required to form their own view as to whether they consider the Transfer of Undertakings (Protection of Employment) Regulations 1981 to apply or not and to indicate the basis upon which their bid is submitted. 8. Business Plan Implications 8.1 The proposed draft specification and changes to the existing services are in line with the Environment & Leisure Departments Business Plan aims to maintain Westminster’s position as one of the cleanest European Cities, to maximise wherever possible the levels of waste reduction, reuse, and recycling while reducing the carbon emissions of the service. 10 9. Ward Member Consultation 9.1 All Members have been consulted on the proposed re-let. Their comments principally covered requests to increase the range and scale of household and commercial recycling services. 10. Health and Safety Issues 10.1 The services delivered are inherently dangerous as they involve significant amounts of manual handling, large vehicles stopping frequently in congested areas, lone working, exposure to potentially hazardous waste materials and outdoor working in all weather conditions and at all times of day and night. As with the current contract, comprehensive risk management systems and procedures will be designed into the specification, evaluation process, and contract management culture. 11. Risk Management Implications 11.1 The Re-let Project Team is working closely with the Council’s Risk and Governance Manager to identify, analyse and mitigate key risks associated with the re-let process. A further set of risks associated with the operation of the contract (and the council’s initial opinion on which party is best equipped to own and manage each risk) have also been identified for inclusion within the tender documentation for review by bidders. 12. Reason for Decision 12.1 The City Council’s is required to tender this contract in accordance with EU Public Sector Procurement Rules. If you have any queries about this report or wish to inspect one of the background papers please contact Mark Banks on 020 7641 3369 or email mbanks@westminster.gov.uk. Background Papers Built Environment Policy & Scrutiny Committee – Waste Contract Re-let reports of 3rd September and 1st December 2008. Waste Collection, Recycling and Street Cleansing Services Contract Re-let Task Group of 19 January 2009 Public Consultation Outcome WRAP ‘Critical Friend’ Summary Report Appendices A. Draft Service Levels 11 For completion by Cabinet Member for Environment & Transport Declaration of Interest I have no interest to declare in respect of this report Signed ……………………………. Date ……………………………… NAME: Councillor Danny Chalkley – Cabinet Member for Environment & Transport I have to declare an interest State nature of interest ……..…………………………………………… ……………………………………………………………………………….. Signed ……………………………. Date ………………………………… NAME: Councillor Danny Chalkley – Cabinet Member for Environment & Transport (N.B: If you have an interest you should seek advice as to whether it is appropriate to make a decision in relation to this matter.) For the reasons set out above, I agree the recommendation in the report entitled ‘Waste Collection, Recycling and Street Cleansing Services Contract Re-Let – Approval of Service Levels’. Signed ……………………………………………… Cabinet Member for Environment & Transport Date ………………………………………………… If you have any additional comment which you would want actioned in connection with your decision you should discuss this with the report author and then set out your comment below before the report and this pro-forma is returned to the Secretariat for processing. Additional comment: ………………………………………………………………… …………………………………………………………………………………………. …………………………………………………………………………………………. 12 NOTE: If you do not wish to approve the recommendations, or wish to make an alternative decision, it is important that you consult the report author, the Head of Legal Services, the Director of Finance and, if there are staffing implications, the Director of Human Resources (or their representatives) so that (1) you can be made aware of any further relevant considerations that you should take into account before making the decision and (2) your reasons for the decision can be properly identified and recorded, as required by law. Note to Cabinet Member: Your decision will now be published and copied to the Members of the relevant Policy & Scrutiny Committee. If the decision falls within the criteria for call-in, it will not be implemented until five working days have elapsed for any call-in request to be received. 13