First 20 Pages of Wirral Council’s Colas Contract (Highways and Engineering Services Term Maintenance Contract)

For some reason people seem to like reading about Colas on this blog so here is another blog post about Wirral Council’s relationship with Colas. Wirral Council have a really long contract with Colas (called the Highway and Engineering Services Term Maintenance Contract), that’s over five hundred pages long. Currently the contract (which runs to 2014) is out to tender with Wirral Council’s Cabinet expected to reach a decision on a new contractor (or to bring it in-house) by the end of the year. Colas have already stated they won’t bid for the new contract.

The contract itself is in A5 format, but the version I’ve been given is a copy in A4. As usual you can click-through for more readable versions of each page.

This is a cover page for volume one of the contract, which detail the sections in volume one (forms and certificates, general data and optional statements, additional conditions of contract (Z Clauses), Local Labour, Freedom of Information and TUPE information).

This is the start of the contract. Although the contract ran from the 1st April 2009, the agreement with Colas is dated 17th March 2010. In order to protect itself shouldn’t Wirral Council have made sure they a signed contract in place before work was started?

This is just a cover page for section 1.1 (forms and certificates).

These contain the signature of Colas’ Chief Executive Officer dated the 4th September 2008. These pages are reassurances from Colas made as part of the tendering process to carry out the work if they win the tender and that before the returnable date for the tender that they’ll keep various aspects of their tender confidential.

This is Colas’ tax certificate information and the cover page for section 1.2 (General Data and Optional Statements).

This page details various terms used in the contract even going so far as to define the language of the contract as English and the currency of the contract as pounds sterling!

This deals with risks and insurance, optional statements, Y(UK)2 (please leave a comment if you know what that means) and how prices are to be adjusted for inflation with reference to Baxter indices and Gershon Efficiency Savings.

This has the Baxter (nothing to do with soup) index in the form of a table and sections on performance bond, retention, limitations of liability, key performance indicators and a reference to Y(UK)3 (again if you know what this means please leave a comment).

This is a cover page for section 1.3 (additional conditions of contract – Z clauses).

This has sections on intellectual property rights, corrupt practices, principal contractor, confidentiality, partnering, quality statement, quality management system, named key persons and named sub-contractors.

This part has sections on accidents on site, recovery of sums due from contractor, special requirements of statutory bodies, Construction Industry Scheme, Value engineering, TUPE, Pension Scheme, Two Tier Workforce, Freedom of Information and Provision of Information on Contractor’s Employees for the Purposes of the Transfer of Undertaking (Protection of Employment) Regulations 2008.

This continues the additional contract conditions with sections on audit and ECC Option B Clause 63.13. It also has the cover page for a section on local labour.

The section on local labour is just a blank page, but this also has the cover page for a section on employment and training in the construction industry.

This is the code of practice signed by Colas which includes a signed statement of intent by Colas to “use their best endeavours to ensure that not less than 90% (including those directly employed by us and those sub-contracted to ourselves) will be established residents of the Wirral Borough”. Councillors have asked previously if local labour clauses can be included in other Wirral Council contracts to be told by officers they can’t because it’s “illegal”, the fact it’s in this contract shows it’s not and is a good way that Wirral Council can ensure the money it spends remains within the local economy.

This is the statement of support signed by Colas for the Code of Practice for Employment and Training in the Construction Industry and for its role in “the objective of reducing local long-term unemployment to be publicised in an appropriate manner”. It’s also the cover page for a section on Freedom of Information.

This contains a short, but interesting section on Freedom of Information copied below followed by the cover page for TUPE information:

“FREEDOM OF INFORMATION ACT 2000

STATEMENT OF INTENT

The Council undertakes to use its best endeavours to hold confidential any commercially sensitive information provided in the tender submitted, subject to the Council’s obligations under law, including the Freedom of Information Act 2000. If a tenderer considers that any of the information submitted in the tender should not be disclosed because of its commercial sensitivity or confidentiality, then this should be stated with the reasons for considering the information confidential or likely to prejudice commercial interests if disclosed to the public. The Council will then consult with the tenderer in considering any request received under the Freedom of Information Act 2000 before replying to such a request.”

This just states:

“TUPE INFORMATION

The Information on both the HESPE TUPE list schedule and CD (enclosed with hard copy of this contract) relate to current conditions of employment.”

This is the cover page for Volume 2 (Contract Data Part One (ii) Works Information) detailing sections on general description, specification, performance management and standard details as well as the cover page for section 2.1 (general description).

This is a description of the works to be carried out under the contract which are in two packages (package A and B). Package B is minor repairs to coast protection structures, package A is highway works. It has sections on drawings, specifications and method of measurement, indicative annual expenditure by Wirral Council for various types of work, a section on the Contractor’s responsibilities and on working hours.

This continues the section on working hours and starts a section on administration of the contract. This has subsections on existing IT systems, Highways (Field Service Overview) and Street Lighting (HiLight Horizon Street Lighting System).

If you’d like me to publish more of the Colas contract than this please leave a comment.

Continues at Exclusive: Next 20 Pages of Wirral Council’s Colas Contract (Highways and Engineering Services Term Maintenance Contract).

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Sherlock in Wirral Council and the mysterious case of the £1,725.04 plate

Sherlock in Wirral Council and the mysterious case of the £1,437.54 plate

As usual you can click on the invoice for a higher definition and probably easier to read version. This Colas invoice is for a plate over gullies in the River Streets (presumably to stop them gumming up with detritus). River Streets is the local name for an area in Bidston & St. James ward where the roads names are all rivers (Ribble Street, Avon Street, Solway Street etc). The invoice states it is only for one plate, which certainly makes it the most expensive plate I’ve ever heard of! The invoice states that any queries are to be addressed to an Andrew Sherlock of Colas, which makes this blog post “Sherlock in Wirral Council and the mysterious case of the £1,725.04 plate”.

So why did Colas on Wirral Council’s instructions fit a plate to the drainage gullies here? Was detritus a particular problem? Was there a previous plate that was stolen for its scrap value? Sadly I do not have the answers to these particular questions but I’m sure Sherlock would know!

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Sustainable Communities Overview and Scrutiny Committee (Wirral Council) Part 1 Colas contract (HESPE)

The Chair, Cllr John Hale welcomed those present and asked for any declarations of interest. No declarations of interest were made.

The minutes of the meeting held on the 28th March 2012 were agreed, with the Chair asking for a further report on the consultation on library opening hours.

Cllr Steve Williams was elected as Vice-Chair (proposed by Cllr Hale, seconded by Cllr Fraser).

The Chair said he had asked officers to produce the Committee’s terms of reference.

On item 5 Highway and Engineering Services Contract – Third Annual Review he said they had expected a presentation by Steve Grimes, the Contracts Manager for Colas Ltd. Due to the public interest report Colas’s legal representative had advised them it wouldn’t be appropriate.

Mark Smith said that the annual review was part of the management arrangements, but they did have Wirral Council’s highways manager Rob Clifford and Brian Smith the project manager, sadly Colas had declined to attend.

Rob Clifford said there were challenges and risks associated with extending the project and asked if there were any questions.

Cllr Dave Mitchell asked why greater progress hadn’t been made on IT and whether this was their responsibility or Colas’s?

Brian Smith answered that they had tried to tender, but it was unaffordable as the expenditure would be three times what they’d save.

The Chair said he thought that Colas must think “the writing was on the wall” and they had no incentive to cooperate. He said the quality had been abysmal, there were potholes in newly surfaced areas and that the work being carried out was not up to standard.

Brian Smith defended Colas stating that generally the quality of Colas’ work was good and that Wirral compared well to other areas.

Cllr Tony Sullivan was critical of work on Pensby Road. Cllr Fraser asked about where any report on significant cost changes would go, Brian Smith answered that it would go to the Cabinet, however they had been waiting for the auditors’ report first and it would go to Cabinet on the 19th July.

Cllr Fraser asked what was meant by the phrase “inaccurate perception of facts”, were they implying residents don’t understand the facts?

Brian Smith said that residential streets weren’t resurfaced very often and they were starting to use different materials. Residents still expected rolling machines but they were not the only Borough using these surface treatments which would be the subject of a future report.

He then answered a question about the capital program expenditure and how some projects got delayed to the next financial year. The Budget was agreed annually by Council, but it was being flagged up as a risk as until they got tenders back they wouldn’t know the costs of what other providers charged.

Brian Smith answered another question with the answer that the weather often caused delays to planned work, that was why the letters to residents were sent out at short notice. The same councillor asked why the metal signs about the work hadn’t been removed when it was finished? She said it makes it seem to the outside world like they can’t organise getting the roads done.

Cllr Mitchell said that communication was poor but his own road had been done perfectly.

The Chair said the concerns were about lack of coordination, concerns about quality and the attitude that workmen had towards residents and the community.

A councillor felt he couldn’t agree with the recommendation that the work was satisfactory. The Chair suggested it was changed. Mark Smith said that their views could influence the future and whether the Colas contract was extended.

There was a debate about whether to leave satisfactory in the recommendation or not. Eventually they agreed upon the following.

(i) Note the progress of the contract during the past year, and endorse Officers’
views in the report that the performance of the contract is satisfactory. Noting officers’ views but registering serious concerns in relation to coordination, quality and communication issues.

(ii) Recommend to Cabinet that the existing contract not be extended beyond its current 5 year term, and that the Director of Technical Services be requested to prepare an options appraisal for the delivery of highway and engineering services from 1st April 2014 in a report to Cabinet at the earliest opportunity.

(iii) Ask the Director of Technical Services to report on progress on preparation and delivery of a comprehensive exit and handover strategy relating to the satisfactory completion of the current contract, and effective and efficient transition to the new service delivery arrangements, in his future annual reports on the contract.

(iv) Note that officers will be undertaking actions, to be agreed by Council, in response to the External Auditors’ Report in the Public Interest; specifically in relation to the management of the contract; and ask that the Director of Technical Services reports on progress in delivering those specific actions
relating to the management of this contract in his annual report to the Committee in 2013.

Bidston and Claughton Area Forum 12th June 2012 Part 2

Colette raised the issue of the NHS doing armchair exercise with a pensioner’s luncheon club, she said the NHS had only guaranteed to pay for the coach for a further nine weeks, after which they’d have to pay. She said the existing coach was very good and that Arrowe Park Hospital were referring people to them.

In response to a question Colette clarified that the coach was a person and not a transport issue. It was pointed out that a decision over the Area Forum funds wouldn’t be made until October.

Michelle Gray pointed out that the St James Centre also had funding for community projects.

Donnie asked if the £83,000 included Your Wirral funds?

Michelle Gray said no as that was dealt with by regeneration and Wirral Partnership Homes.

John Cocker suggested they could put the existing IT suites in the community centres to better use, but that they needed someone to run it.

Michelle Gray encouraged them to apply for the participatory budget funding.

Colette asked the police to investigate cars braking harshly in the early hours of the morning in Grange Road West. She said there had been drug activity and a recent stabbing there.

I asked the police about what had been done about antisocial behaviour around the Tollemache Road play area. Inspector McGregor said they had had more patrols in the area.

Inspector McGregor said they had monthly meetings with their partners and concentrated on hotspots. He referred people to the handout and said there had been a reduction in crime. Three lads had been arrested which had led to a drop in crime. Joy riding of vehicles on Bidston Hill and Bidston Moss was still a problem, but they now had a quad bike to patrol and were working to engage the young people in positive activities. This was aimed not just at those that had got into trouble, but also as a reward for good behaviour.

Colette said she used to go to neighbourhood action group meetings, but these had stopped. Inspector McGregor said they’d been replaced by Have Your Say meetings, as well as an emailed newsletter that went out to 3,000 on the mailing list.

Paul Murphy of Merseyside Fire and Rescue Service explained that the main fire station in Birkenhead would soon be demolished and rebuilt over the next year under a PFI scheme. He provided statistics on different categories of fires and home fire safety checks done. He asked those present to identify vulnerable residents and to tell the fire service about them via the free phone number so a Home Fire Safety Check could be carried out. There had been a reduction in deliberate secondary fires. They were aiming for a target to reduce smoking which was the cause of some fires in this area.

Leonora asked about tyres dumped on Bidston Hill and about these had been set on fire before they were removed. What could be done to stop dumping of tyres here?

Paul Murphy said it was partly seasonal, as children were more likely to light fires in the holidays. They had received training as to where the hydrants were and trained the Community Patrol. He felt that the removal of flytipping was an issue for Wirral Council.

A member of the public asked where the fire service would be operating from while the building was rebuilt?

Paul Murphy said there would be temporary accommodation while it was constructed.

A member of the public asked what would happen if the building work overran?

Paul Murphy said that there were penalty clauses in the contract and that other PFI contracts had been finished on time.

Community Safety gave an update encouraging new Neighbourhood Watch schemes, there was also a new Birkenhead Park Watch. He also said they now had a more robust reporting mechanism for disability hate crime which involved the safeguarding team at the Department for Adult Social Services and the Sigma team at Merseyside Police.

There was a camera monitoring Tapestry Gardens and one monitoring the new Asda, although levels of antisocial behaviour there had not been above the normal level they expect. The limited resources they had such as the Contactabus had gone to a hotspot in another part of the Wirral.

Cllr Harry Smith asked if Neighbourhood Watch scheme stickers were available. Ian Lowrie said they were and they were trying to link the Neighbourhood Watch scheme areas to No Cold Calling Zones.

Donnie advised against residential properties displaying the stickers as they could become targets for crime, but suggested lamp posts instead.

Ian Lowrie said that in the No Cold Calling Zones there would be signs at either end of the street to advise traders.

Laura Quigley gave an update on the changes affecting the GP Commissioning Groups. From April 2013, they instead of the PCT would commission services. There were sixty-one GP practices in three groups on the Wirral, there were patient groups at each GP that patients could contact or they could raise matters with their GP. It didn’t involve privatisation and healthcare would still be free at the point of delivery.

A member of the public asked if it would lead to a postcode lottery?

The answer given was that the big things such as Arrowe Park hospital services would be commissioned together.

The Chair asked what would happen next.

Laura Quigley answered that before they commissioned any services they had to be authorised which was a rigorous process. They would find out in January 2013 if they were, if not a NHS Commissioning Board would commission services.

A member of the public said the three groups had similar names, would they be commissioning the same sort of services and what was the logic in having three?

Laura Quigley answered that they had been formed in isolation, however they would commission some services together.

Colette asked how this would affect hospital services.

Laura Quigley replied that there wouldn’t be a change as the yearly contract would be made on behalf of all three groups for emergency and elective care.

The issue of the vascular services review was brought up by Colette. The Chair said there had been public consultation and public meetings.

A member of the public brought up speeding in the morning in Wexford Way and asked for traffic calming. Another member of the public asked for Buttermere Avenue to be resurfaced as there were many potholes. Someone else asked if the double yellow lines outside shops were reviewed as many shops were closing. Cllr Harry Smith suggested people contact Streetscene about it.

Tower Road Bridge, Tower Road, Birkenhead (part of Four Bridges) Closure Update 24th August 2012

Update 27th December 2012 The work on Tower Road Bridge has finished and the Four Bridges have been open to traffic since the 17th December 2012.

Tower Road Bridge (part of the Four Bridges) will be closed for maintenance on the A deck as Colas will be undertaking repairs on behalf of Wirral Council from Monday 9th January 2012. Repairs will take four to six weeks (depending on weather). The road will be closed between the bridge’s junction with Dock Road and the Twelve Quays Ferry Terminal Access. There will be a diversion in place with traffic diverted via Tower Road, Rendel Street, Corporation Road, Duke Street, Dock Road and vice versa. All diversion routes will be signed. Footpaths will stay open.

Update 24th August 2012: Maintenance for the next 16 weeks on the A and C bridges will result in diversions. Only one bridge will be closed at a time and diversions will be in place for traffic. Both A and C bridges remain open to pedestrians at all times. The work to replace steel and painting. For further information read Wirral Council’s press release.

The following bus routes using the Tower Road Bridge will be diverted between Wednesday 22nd August 2012 and Winter 2012: 409, 807 to Bromborough, 811 to Broughton, 817 to Deeside/Broughton, 807 to Moreton Cross, 811 to Moreton/Leasowe and 817 to Arrowe Park Hospital. For more information on the diversions check Merseytravel’s website.

A Bridge Tower Road Dock Road Junction (click image for larger version)

First 20 Pages of Wirral Council’s Colas Contract (Highways and Engineering Services Term Maintenance Contract)

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Sherlock in Wirral Council and the mysterious case of the £1,437.54 plate

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