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Posted by: John Brace | 7th December 2015

EXCLUSIVE: First 83 pages of Wirral Council’s Highway Services Contract with BAM Nuttall

EXCLUSIVE: First 83 pages of Wirral Council’s Highway Services Contract with BAM Nuttall

                                                           

In 2013, Wirral Council’s Cabinet on the 7th November decided to award the Highway Services Contract to BAM Nuttall (which started on the 1st April 2014). BAM Nuttall won the contract out of three companies that bid for it and they replaced the previous contractor Colas. The contract runs from 2014 to 2018 and has an estimated value of £30 to £33 million (£6 to £6.6 million a year). You can read the Cabinet report that led to that decision and the Internal Audit report and Gateway 3 report (along with the recommendations/action plan for both of those) on Wirral Council’s website.

At a meeting on the 7th November 2013 Wirral Council’s Cabinet spends less than two minutes deciding on awarding the £30 to £33 million Highway Services Contract to BAM Nuttall (that agenda item starts at 1m 40s)

This year was the first year I could request a copy of the BAM Nuttall contract during the audit and I’ve scanned in the first 83 pages (of a very long contract). The Highway Services Contract is for:

the provision of standby and call-out, reactive and preventative maintenance on all parts of the highway, public car park and coastal defence infrastructure for which Wirral Council is responsible, including: carriageways; footways; gully cleaning and drainage; street lighting and electrical services; traffic signs and road markings; street and coastal defence furniture; bridges; subways and retaining walls and sea wall and accesses; together with snow and ice clearance; including precautionary salting except for
 
maintenance of traffic signals equipment and their electrical supplies, all maintenance and improvement schemes estimated in value at over £250,000 and the provision of gritting vehicles and road salt.
 

The documents below cover the parent company guarantee with Koninklijke Bam Groep N.V. (no that’s not a spelling mistake but the name of a company based in the Netherlands), then the start of volume 1 (part 1) of the contract documents which covers form of agreement, bond (unfortunately the details haven’t been filled in on this), form of tender, declaration, what information is considered commercially sensitive for freedom of information requests, information assurance, insurance certificate (with AXA Corporate Solutions), parent company letter guarantee, contract data part 1 (data provided by Wirral Council, partnering information, more contract data on the optional parts of the contract (pages 62-63 add optional clauses about FOI requests) which includes matters such as TUPE, subcontracting, intellectual property, data protection, human rights, the Local Government Ombudsman, price adjustment for inflation and other optional clauses/changes to the contract).

Below are thumbnail images of the contract pages. The text on the thumbnails is just about readable on my laptop screen. If there are any pages that you find it’s not readable please leave a comment with the page number and I’ll link the thumbnail to a higher resolution image for that page.

The optional contract clauses added about FOI requests seem to mean that if a FOI request is made for information about or relating to the contract, that Wirral Council will contact BAM Nuttall and ask it to make representations if it wants information to be withheld. Page 24 of the contract classes the following parts of the contract as "commercially sensitive" which are Contract Data Part 2, The Price List and the Fee Percentage Schedules.

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Responses

  1. After the Richard Penn debacle (to which further whitewashes elsewhere are being laid down as we speak) can the public be reassured that the council will stay one step ahead of accountability even if we learn one day that the current Highways Director’s Grandma is a timeserved spark’s mate with 60 years under her belt, working for BAM Nuttall ?

    • I would guess after the well publicised corporate governance issues surrounding the award of the previous Colas contract resulting in a public interest report that (I would hope) everyone (whether councillor or officer) was fully aware of the need to declare such conflicts of interest.

      • What I’m saying John is they got away with it. And they got gagged and paid off in six figures.

        So why bother, in fact why not do what the hell you like because there’s an excellent chance you’re going to be protected and given a sack of cash?

  2. It seems who ever does this work for the Council, over the years not one of them can do a proper job! our roads are a disgrace, most of the streetlights are faulty, warning bolards haven’t been replaced in over a year, the gulleys are all blocked the rain over the last few weeks will tell you that as the ammount of roads flooded,

    On the good news I’ve got my MP looking into this £700.00 invoice paid to check out the Fire alarm going off at Irby Library.

  3. I’ll tell you what the problem is with this Council and all the other public bodies nowadays, not that anyone’s asked me or is even interested in me senile ramblings.
    They all want to get so heavily involved in all the interesting areas of work, or as they like to call it,their areas of business. That’s the problem!
    Not for them emptying the bins, cleaning the streets, cutting the bloody grass, watering the hanging rotten baskets, and keeping the place tidy, well illuminated and welcoming for people. No, for these narcissistic, sycophantic oily creeping bastards so gifted in the art of talking for hours and never saying anything, they yearn for the glamorous stuff.
    Your carbon emissions, your smoking, your drinking, your bloody health, how bright your house glows because you didn’t fancy lagging your attic, drug abuse, social cohesion, endless meetings that go on and on for immeasurable lengths of time, speed limits, health and safety, nicotine bloody patches, patches for potholes that require a great deal more maintenance than a rotten patch, foreign trips to twin us, foreign trips to win trade and bloody trips outside their area of responsibility because some twat in another County has come up with yet another idea that’ll add yet another bloody Partner to the endless chain of pointless areas of business that none of us ever asked for, yearned for or wished for as we scurry round in our daily lives cobbling together enough bloody money to pay these bastards what they want and need to carry on doing all these things to us.
    Me? I’d cull it all in one single moment. One flick of the wrist and one swipe of my pen, I’d end it all and bring every rotten thing that they ever outsourced back inside the Council and I’d leave blood on the Town Hall carpet.
    Roll them round in nettles I say. Stinging nettles. Not your mamby pamby nettles that you get in early spring. Your late August and early September nettles. The ones, when they slice through your sock and sting your ankle your compelled to howl, ‘sweet loving Jesus that stung’.
    Yes! That’s what I’d do to every single one of those holier than thou freeloaders and parasitic bottom feeders who are sucking at our teats whilst we lactate our money to ease their unquenchable passion to deliver us all a positive outcome and a robust Partnership approach to a problem that we couldn’t care less about. Bloody interesting areas of business!

  4. Good Lord I’ve done it again John. Delete the whole culling and nettle thingy. I’m sorry John. Again!


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