Why did Wirral Council pay £700.43 for a private company to check when a fire alarm went off at Irby Library?

Why did Wirral Council pay £700.43 for a private company to check when a fire alarm went off at Irby Library?                                                          Above are a couple of invoices from Dante Group to Wirral Council. Of course on the Dante theme, Wirral Council has its own version of the nine circles of hell in Dante’s Inferno. … Continue reading “Why did Wirral Council pay £700.43 for a private company to check when a fire alarm went off at Irby Library?”

Why did Wirral Council pay £700.43 for a private company to check when a fire alarm went off at Irby Library?

                                                        

Wirral Council invoice Dante Irby Library £700.43 thumbnail
Wirral Council invoice Dante Irby Library £700.43 thumbnail
Wirral Council invoice Dante Wallasey Town Hall £671.33 thumbnail
Wirral Council invoice Dante Wallasey Town Hall £671.33 thumbnail

Above are a couple of invoices from Dante Group to Wirral Council. Of course on the Dante theme, Wirral Council has its own version of the nine circles of hell in Dante’s Inferno.

Limbo is the circle that whistleblowers are sent to, lust has already been covered by the more tabloid leaning Wirral Leaks, gluttony (some politicians have fallen into this trap and it’s a shame unlike the House of Commons they don’t have to get up and stretch their legs when voting), greed is too massive a topic to go into in detail, anger (again too many examples of politicians losing their temper), heresy seems to be the circle of hell politicians fall into when somebody disagrees with them, thankfully Wirral Council is not in control of the Armed Forces so violence is rare, but allegations of fraud (which whistleblowers repeat until they’re blue in the face) still ring in the ears of those who have given up listening and of course the ninth circle of hell is one that’s wrapped up in the tapestry of Wirral’s politics treachery.

However back to the invoices (the thumbnails above link to more readable versions), the first is for one of the two most sensitive issues in Wirral’s politics that begin with l which is libraries (the other being Lyndale).

I explained to a colleague (not hard to work out who) that this invoice was for being called out to Irby Library because a fire alarm was beeping and asked her to guess how much is was for. As readers of this blog may already know Merseyside Fire and Rescue Service since 2012 don’t attend non domestic premises when an Automatic Fire Alarm goes off.

So on the 28th July 2014, Wirral Council asked Dante Group to attend Irby Library. According to something scribbled on the invoice it states "mess left (something undecipherable) by library staff Sat 26".

The public are being told that public sector bodies have no choice but to outsource to the private sector because it’s cheaper. Wirral has what used to be called the Community Patrol (before enforcement of littering got outsourced to Kingdom Security earlier this year and I think what’s left is now called the Corporate and Community Safety Team). Part of the role of the Community Patrol was to keep an eye on Wirral Council’s buildings and land.

If it was still dealt with in-house and if the Community Patrol took the long way round to Irby library, spent the whole day there and sent a team of three to investigate (along with meal expenses) I’m sure the costs wouldn’t never be as high as £700.43.

However that’s what Dante charged Wirral Council for the call out.

The other invoice for £671.33 is for fitting 1 x 8W emergency lighting tube and 4 emergency light fittings at Wallasey Town Hall and 4 12 volt batteries. Surprisingly (despite the parts) the invoice comes to £671.33 (less than the call out to Irby Library).

So if Wirral Council are paying out £700.43 each time the fire alarm goes off in a library, can they really honestly say the reason they have reduced library hours (which no doubt has led to more expensive invoices as it’s increased the hours each week libraries are closed) is because of lack of money?

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SATIRE: What if the Saughall Massie fire station decision was a sports event?

SATIRE: What if the Saughall Massie fire station decision was a sports event?

SATIRE: What if the Saughall Massie fire station decision was a sports event?

Councillors on Merseyside Fire and Rescue Authority (30th June 2015) voting in favour of closure of Upton and West Kirby fire stations and asking Wirral Council for the land and planning permission for a new fire station in Saughall Massie
Councillors on Merseyside Fire and Rescue Authority (30th June 2015) voting in favour of closure of Upton and West Kirby fire stations and asking Wirral Council for the land and planning permission for a new fire station in Saughall Massie
Dan Stephens (Chief Fire Officer) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015)
Dan Stephens (Chief Fire Officer) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015)
Cllr Chris Blakeley addressing Wirral Council Regeneration and Environment committee about a new fire station in Saughall Massie September 2015
Cllr Chris Blakeley addressing Wirral Council Regeneration and Environment committee about a new fire station in Saughall Massie September 2015

SPORTS COMMENTATOR JOHN BRACE: Next week, we’ll be seeing another thrilling political battle between Cllr Chris “Bruiser” Blakeley (in the blue corner with a picture of a Conservative whip on his chest) and Dan “The Fireman” Stephens in the flaming red corner (and a picture of a fireman’s axe on his chest). Who will win following this encounter? This is a battle that the public think both of them can’t win.

SPORTS COMMENTATOR 2: There’s a bit of history between these two characters isn’t there?

SPORTS COMMENTATOR JOHN BRACE: Yes, this whole fire station issue is part of the reason Chris Blakeley lost his job working for Esther McVey in May, but since then he’s had more time for campaigning. The kudos for stopping a new fire station in Greasby went to Esther McVey’s rival Margaret Greenwood (now an MP). The two (Cllr Blakeley and Dan Stephens) have had heated exchanges at a number of public meetings and are bitterly opposed on this sensitive political issue.

SPORTS COMMENTATOR 2: But what happened last time?

SPORTS COMMENTATOR JOHN BRACE: The Labour referee Cllr Mike Sullivan declared it a draw on points and decided to call it off for another night. No one had invited Dan Stephens along to that meeting so it would’ve been wrong to let Cllr Blakeley win under such circumstances.

SPORTS COMMENTATOR 2: But strictly speaking Dan Stephens wasn’t the officer behind all this?

SPORTS COMMENTATOR JOHN BRACE: Yes that’s true. The man with the plan for this was Deputy Chief Executive Kieran Timmins (his line manager was Dan Stephens). However Kieran Timmins has been made redundant. So nobody can ask him questions. The land aspects of Mr. Timmins’ job are now under the remit of Deputy Chief Fire Officer Phil Garrigan.

SPORTS COMMENTATOR 2: So if asked, Dan Stephens can deny all knowledge of the emails released under a Freedom of Information Act request or in fact anything to do with all this?

SPORTS COMMENTATOR JOHN BRACE: His answer at an earlier public meeting was he hadn’t written the emails, then from memory a Labour councillor on the Merseyside Fire and Rescue Authority (who had released the emails) just claimed the Tories were just making it all up.

Although Dan Stephens would be aware of this matter, it would be Mr. Timmins/Phil Garrigan that would be involved in the details. I’m sure Phil Garrigan will brief him ahead of next week’s meeting with answers to questions that are likely to be asked and/or be there in person.

SPORTS COMMENTATOR 2: So what does Dan want?

SPORTS COMMENTATOR JOHN BRACE: He has to work within the agreed policy. The politicians directed him to ask for the land at Saughall Massie and planning permission (or at the very least he has to find somewhere to build a new fire station if the politicians want one).

SPORTS COMMENTATOR 2: So what does Cllr Blakeley want?

SPORTS COMMENTATOR JOHN BRACE: For Dan Stephens not to get the land at Saughall Massie and planning permission and if he has to build a fire station to do it somewhere else.

SPORTS COMMENTATOR 2: I see, and after over 2 years of political arguing has anything been actually decided?

SPORTS COMMENTATOR JOHN BRACE: Councillors on Merseyside Fire and Rescue Authority did decide to go ahead and ask Wirral Council for the land at Saughall Massie and planning permission.

An interesting twist however, is that Cllr Blakeley seems to be have been stabbed in the back twice by his own side on this issue as both the Conservative government have offered Merseyside Fire and Rescue Service a grant towards the costs of a new fire station and fellow Conservative councillor Cllr Lesley Rennie voted for it too.

SPORTS COMMENTATOR 2: So you’re saying in over 2 years and perhaps millions of words, all that’s happened is arguing, Esther McVey losing her seat and endless rounds of consultation over the £millions this could all cost?

SPORTS COMMENTATOR JOHN BRACE: Yes.

SPORTS COMMENTATOR 2: And nobody thought it a good idea and value for money or sensible to just actually sit down and talk through these issues?

SPORTS COMMENTATOR JOHN BRACE: Officers did that, but thought councillors would just happily rubber stamp it. Large numbers of the public getting grumpy about a political decision makes politicians nervous. Nervous politicians don’t like to make unpopular decisions unless they know the facts so they delay making a decision.

However councillors on the Merseyside Fire and Rescue Authority seemed quite happy to have the people pay for taxis to and from public meetings, showing that a decision by a politician is only unpopular if the public actually knows about it.

SPORTS COMMENTATOR 2: So you’re saying that endless public meetings, consultations, press coverage and over 2 years of political arguments is because no consensus or compromise has been reached?

SPORTS COMMENTATOR JOHN BRACE: Yep, but it’s been great for our viewing and circulation figures isn’t it!?

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EXCLUSIVE: What do the plans for a new fire station at Saughall Massie look like?

EXCLUSIVE: What do the plans for a new fire station at Saughall Massie look like?

EXCLUSIVE: What do the plans for a new fire station at Saughall Massie look like?

                                                     

Dan Stephens (Chief Fire Officer) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015)
Dan Stephens (Chief Fire Officer) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015)

The story of the possibility of a new fire station in Saughall Massie has rumbled on to a new phase as Merseyside Fire and Rescue Service has requested pre application planning advice from Wirral Council. Pictured above is Dan Stephens in Saughall Massie trying to explain the need for a fire station earlier in the year to residents.

In the interests of openness and transparency (and if the Chair of the Merseyside Fire and Rescue Authority Cllr Hanratty is reading and deplores the drain on financial resources providing the information I’m about to show on this blog I might point out it was emailed to this blog I didn’t ask for it so no cost to the public purse whatsoever), I’m publishing here some documents to do with Merseyside Fire and Rescue Service’s request for pre-application planning advice.

I might point out they got a lot of free planning advice which was revealed via FOI requests as emails passed between officers at Wirral Council and Merseyside Fire and Rescue Service.

Just before I get to the documents (I’m sure someone will eventually reveal what the advice is that Wirral Council receives in response to this) I will point out the way the project is described by Merseyside Fire and Rescue Service’s contractors is that this is all going through the formalities and this this is essentially a done deal. Although like Cllr Blakeley I will make it clear that is merely how anybody reading these documents would think and it may just be MFRS’s contractors getting ahead of themselves in documents that I think they wouldn’t assume would be published.

As there are many Ordnance Survey maps included, I am obliged to include the following: Contains OS data © [unknown database] Crown copyright 2015. You can read the Open Government Licence that Ordnance Survey makes its maps available under here.

However a decision is yet to be made on the land and yet to be made over planning permission. So that’s the caveat I will put here as from the tone of some of the way these are written you’d guess that these decisions had already been made.

Pre application planning advice request Saughall Massie Fire Station

There are also a number of documents attached to the advice that show the layout of what it proposed and plans.

Saughall Massie Fire Station attached documents

Saughall Massie Fire Station attached documents 2

Pre application documents

The purpose of pre-application planning advice is so that if there are any problems plans can be changed. So therefore it is possible the planning application will vary from the above.

As detailed by the Chief Fire Officer Dan Stephens during the consultation, once a planning application is submitted there will be a period of consultation before any decisions are made.

However if you have any comments, please feel free to leave a comment.

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VIDEO: A round-up of local Wirral and Merseyside politics by John Brace (part 2)

VIDEO: A round-up of local Wirral and Merseyside politics by John Brace (part 2)

VIDEO: A round-up of local Wirral and Merseyside politics by John Brace (part 2)

 

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John Brace on local Wirral and Merseyside politics (part 2)

Part 2 of this video series is shorter than part 1.

As before, this transcript of the video will include relevant links. After I recorded the video I found another bundle of papers that make up the BAM Nuttall contract on the scanner. There are also pages Wirral Council didn’t give me because of commercial confidentiality reasons. However I think you get the point that it’s a long contract!


still from a Youtube video about politics part 2 thumbnail
still from a Youtube video about politics part 2 thumbnail

Hello, I’m John Brace and this is the second part of my videos about local politics on Merseyside and on the Wirral.

One thing I’ll be talking about today is the Bam Nuttall contract. You may not have heard of Bam Nuttall, but they replaced Colas. If I went into the whole Colas saga and the senior officers that were suspended and paid oodles of money because Wirral Council didn’t quite get it right, well I’d probably use up all the tape on this camera.

But anyway going back to Bam Nuttall, in must have been 2014, Wirral Council signed up to a contract with them and the contract called, let’s see the Highway Services Contract. So for instance stuff to do with road works. Anything I think over a certain amount to do with traffic lights is someone else’s responsibility but I’ve scanned in the first bit of the contract which is here, see that’s the bit I’ve scanned in, but it’s an absolutely massive contract.

This is the next bit, bit not the rest of it! Then there’s this. That makes up the contract.

I have asked Wirral Council not to give me things on paper and to save the planet, not cut down so many trees and give them to me on a CD, but Wirral Council always seem to prefer paper.

Anyway the other thing I’ll be writing about in the near future is, this is some of the invoices I got during the audit for various things. For instance, this one is an invoice for £7,389.50 for the Moscow Ballet doing Giselle at the Floral Pavilion.

Moscow Ballet invoice Wirral Council Floral Pavilion 2014 £7389 50 thumbnail
Moscow Ballet invoice Wirral Council Floral Pavilion 2014 £7389 50 thumbnail

Now you may well say well what’s the point in getting an invoice for that? Well, the taxpayer actually subsidises the Floral Pavilion to a large amount of money.

So whereas for example Wirral Council sees closing down Lyndale School as a priority because they say they don’t have the money, they do have the money to be subsidising the tickets of rich people going to see the ballet at the Floral Pavilion. OK, I could look up the amount later.

The other thing I was going to talk about is Liverpool City Region Combined Authority. Now of course this was only set up in the recent past and has mired itself in all kinds of controversy over the devolution deal, price, prize, all that and elected Member stuff.

Anyway, what I did notice and this came as news to me, even though I report on the Liverpool City Region Combined Authority is that Knowsley Council has set up a website for the Liverpool City Region Combined Authority and they’re currently running a consultation on the things that make up the devolution deal.

Now, firstly before the Liverpool City Region Combined Authority was set up politicians quite categorically said, I’m not going to name the politician here but I’m sure people can find this out, I’ll probably find this out when I write this up on my blog.

They said the Liverpool City Region Combined Authority won’t cost any more money than the existing arrangements. Now registering a website, having a website hosted, dealing with all the stuff to do with a website does cost money! OK, the politicians will probably turn round and say, well this is from existing budgets or something, but it costs money that can’t be spent on something else.

So anyway, when I write this up on the blog, in the transcript I’ll include a link because to be honest it was news to me, it hasn’t been in a report that was submitted to the Combined Authority and as far as I’m concerned the only mention online about it is from Knowsley, whereas the Liverpool City Region Combined Authority is all the councils on Merseyside plus I think Halton and really speaking you shouldn’t just consult with the people of Knowsley, you should be consulting everybody.

So that’s a few things that I’ll be doing, let’s see today’s weather is cold, hence the jumper. When I was looking into market research as to what people want from a blog, one of the things that came up was weather forecasts. Now you’ll be glad to know that unless there’s a big demand I’m not going to start up with a map behind me and little symbols of clouds and sunshine, wind and all that because I really don’t fancy being a weather forecaster probably because people would love turning round and saying, “Well you said it would be sunny today John and now it’s raining!”.

But anyway if you really do want weather forecasts, there’s the Met Office website for that.

So that’s a summary of where I’m up to, this week there are hardly any public meetings because of the half term holidays and of course there’s Halloween at the weekend. One of the things that’s coming up of course is Bonfire Night and the Merseyside Fire and Rescue Service, ok I’m sure people are probably sick of me talking about Merseyside Fire and Rescue Service.

Merseyside Fire and Rescue Service are running, in I think conjunction with Wirral Council, trying to clear up the, say for instance the bits of wood and stuff like that people put together for bonfires because Merseyside Fire and Rescue Service probably really don’t want to be going round putting out a lot of small fires on Bonfire Night.

I mean they’re not being killjoys or anything, there are Council organised fireworks displays and things like that so people can go along. I’m sure there’ll be one in Birkenhead Park this year, people can make the usual jokes about taxpayer’s money going up in smoke, that kind of thing.

But anyway, that’s what I’ll be doing today, I’ve decided to keep it short because typing up these transcripts takes a while, but if there’s anything you want to leave a comment on or you think I should write about then please get in touch.

OK, thanks for listening.

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EXCLUSIVE: What’s in the North West Fire and Rescue Services PFI Contract?

EXCLUSIVE: What’s in the North West Fire and Rescue Services PFI Contract?

EXCLUSIVE: What’s in the North West Fire and Rescue Services PFI Contract?

                                                               

The three boxes on the left comprise the PFI fire stations contract
The three boxes on the left comprise the PFI fire stations contract

During the 2014/15 audit I exercised a right as a local government elector in Merseyside to a copy of a contract that Merseyside Fire and Rescue Authority has, which is a PFI contract for various fire stations on Merseyside.

It also involves Cumbria County Council and Lancashire Combined Fire Authority and is with Balfour Beatty Fire and Rescue NW Limited (but other companies and organisations are also involved).

The contract is the size of a DVD, so until a decision was made today here to increase the space for this blog I haven’t been able yet to publish it in full as it comes to many gigabytes of information. It falls within the "big data" journalism category because it is a collection of pdf files that are all multi-page images (hence the large file size).

When printed off it comes to three boxes worth of contract documentation (as pictured above). I hope to publish some of the associated invoices in the future too.

The contract was agreed at a behind closed doors meeting of the Merseyside Fire and Rescue Authority in 2010. Since then discussions about it at public meetings of the Merseyside Fire and Rescue Authority have also been held behind closed doors.

I’d like to make some brief points.

  • The size, complexity and length of the contract makes it difficult to believe that councillors (whether on the Merseyside Fire and Rescue Authority or Lancashire Combined Fire Authority or Cumbria County Council) could have possibly fully understood it or its implications before agreeing to it.

    However as councillors are accountable to you the public on Merseyside, here is a list of councillors who were at the meeting that agreed it Councillors Tony Newman (Chair), Jimmy Mahon, Dave Hanratty, Sharon Sullivan, Les Byrom, Colin Strickland, Robbie Ayres, Barbara Murray, Ted Grannell, Denise Roberts, Linda Maloney, Lesley Rennie, Gerry Ellis, Martyn Barber, Steve Niblock and Eddie Clein.


  • The contract means Merseyside Fire and Rescue Authority/Merseyside Fire and Rescue Service pay amounts to a private company over decades for its fire stations at a time when its overall budget is falling. Yes, the Merseyside Fire and Rescue Authority controlled by a Labour majority decided behind closed doors to privatise a chunk of a public service (whereas considering Labour’s trade union links you’d expect Labour to do the opposite and fight to keep services in the public sector wouldn’t you?)

  • Ultimately it means taxpayer money from the council taxpayers on Merseyside (and money MFRA/MFRS receives from elsewhere) goes to fund the profits of a private company and the money was ultimately borrowed from foreign banks who pay any taxes on their profits abroad. So if they have to end up making cuts in the years to come to pay for the rising costs of this contract, it’s because of a decision they made in 2010 isn’t it (although let’s face it they’ll always try and blame any cuts on someone else such as the government)?

  • The contract details employees transferred to a private company rather than working in the public sector.

So, I’ve made an editorial decision to publish it. In the interests of openness and transparency of course!

As there are many Ordnance Survey maps included in this contract, I am obliged to include the following: Contains OS data © [unknown database] Crown copyright 2015. You can read the Open Government Licence that Ordnance Survey makes its maps available under here.

Any other copyrights existing in the work, I have deemed fall under the exception in the copyright legislation as a copy has been provided to the public (myself) and I am acknowledging Merseyside Fire and Rescue Authority as the source of the information.

It’s split into thirteen sections. In the interests of it making sense when you read it, I include a table of some of the parties and abbreviations used here.

 Position  Parties  Abbreviation
 Account Bank  Barclays Bank plc  Account Bank
 Arrangers  Dexia Crédit Local Norddeutsche Landesbank Girozentrale  Arrangers
 Authorities  Cumbria County Council Lancashire Combined Fire Authority Merseyside Fire and Rescue Authority  Authorities, each an “Authority”
 Construction Contractor  Mansell Construction Limited  Mansell
 Building Sub-Contractor  Border Construction Limited  Border
 Facility Agent  Dexia Crédit Local Norddeutsche Landesbank Girozentrale  Facility Agent
 FM Contractor  Balfour Beatty Workplace Limited  BBW
 Funders  Dexia Crédit Local Norddeutsche Landesbank Girozentrale  Funders
 Funders’ Insurance Consultants  Aon Limited Aon
 Funders’ Solicitors  Tods Murray  TM
 Funders’ Technical Advisers  Appleyards  Appleyards
 Guarantor  Balfour Beatty plc  BBplc
 Hedging Counterparties  Dexia Nord LB  Hedging Counterparties, each a “Hedging Counterparty”
 Holding Company  Balfour Beatty Fire and Rescue NW Holdings Limited  HoldCo
 Independent Certifier  Gleeds Management Services Limited  Independent Certifier
 Intermediate Company  Balfour Beatty Fire and Rescue NW Intermediate Limited  InterCo
 Model Auditor [TBC]  Model Auditor
 Parallel Loan Counterparty  Balfour Beatty Infrastructure Holdings Limited  BBIHL
 Project Co’s Solicitors  Ashfords LLP  Ashfords
 Project Company  Balfour Beatty Fire and Rescue NW Limited  ProjCo
 Project Co’s Insurance Advisers  Jardine Lloyd Thomson Limited  JLT
 Security Trustee  Dexia Management Services Limited  Security Trustee
 Shareholder/Stockholder  Balfour Beatty Infrastructure Investments Limited  BBIIL
 Sponsor  Balfour Beatty Capital Limited  BBCap
 Consultant  Ove Arup & Partners Limited  Arup
 Consultant  Blue Sky Design Services Limited  Blue Sky
 Consultant  Seymour Harris Limited  Seymour Harris

So here’s the contract itself, I hope somebody out there appreciates it and finds this useful!

Index of documents (30 pages)

Section 1 Project Agreement and Schedules

1.1 Project Agreement (North West Fire and Rescue Services PFI Project) (205 pages)

1.2.1 Schedule 1 (Authorities Requirements) (1,655 pages)

1.2.2 Schedule 2 (Contractor’s Proposals) (106 pages)

1.2.3 Schedule 3 (Change in Law – Contractor’s Share) (3 pages)

1.2.4 Schedule 4 (Stations) (10 pages)

1.2.5 Schedule 5 (Completion Requirements) (6 pages)

1.2.6 Schedule 6 (Payment Mechanism) (96 pages)

1.2.7 Schedule 7 (Collateral Warranty) (37 pages)

1.2.8 Schedule 8 (Review Procedure) (24 pages)

1.2.9 Schedule 9 (Prohibited Materials) (3 pages)

1.2.10 Schedule 10 (Liaison Procedure) (5 pages)

1.2.11 Schedule 11 (Employee Information and Warranted Data) (61 pages)

1.2.12 Schedule 12 (Relevant Discharge Terms) (3 pages)

1.2.13 Schedule 13 (Title Deeds) (4 pages)

1.2.14 Schedule 14 (Insurances) (22 pages)

1.2.15 Schedule 15 (Authorities Policies) (6 pages)

1.2.16 Schedule 16 (Financing Agreements) (6 pages)

1.2.17 Schedule 17 (Project Documents and Ancillary Documents) (4 pages)

1.2.18 Schedule 18 (Code Dispute Resolution Procedure) (7 pages)

1.2.19 Schedule 19 (Anti Discrimination Requirements) (4 pages)

1.2.20 Schedule 20 (Confidential Information and Commercially Sensitive Information) (6 pages)

1.2.21 Schedule 21 (Bulk Transfer Terms) (6 pages)

1.2.22 Schedule 22 (Planning Conditions) (9 pages)

1.2.23 Schedule 23 (Change Protocol) (52 pages)

1.2.24 Schedule 24 (Surveys) (15 pages)

1.2.25 Schedule 25 (Decant Protocol) (12 pages)

1.2.26 Schedule 26 (Replies to Enquiries, Questionnaires and Clarifications) (856 pages)

1.2.27 Schedule 27 (Existing Building Plans) (22 pages)

1.2.28 Schedule 28 (Site Assumptions) (24 pages)

1.2.29 Schedule 29 (Site Plans) (36 pages)

1.2.30 Schedule 30 (Party Wall Awards) (4 pages)

1.3 Annex 1 (Base Case) (2 pages)

2. Construction Documents

2.1 Building Contract (461 pages)

2.2 Building Contract Guarantee (7 pages)

2.3 Building Contractor Collateral Warranty (10 pages)

2.4 Building Parallel Loan Agreement (8 pages)

2.5.1 Blue Sky Collateral Warranty to ProjCo (8 pages)

2.5.2 Blue Sky Collateral Warranty to ProjCo (8 pages)

2.5.3 Blue Sky Collateral Warranty to Authorities (9 pages)

2.5.4 Blue Sky Collateral Warranty to Authorities (7 pages)

2.5.5 Blue Sky Collateral Warranty to Mansell (7 pages)

2.5.6 Blue Sky Appointment (244 pages)

2.5.7 Blue Sky Appointment (157 pages)

2.6.1 Seymour Harris Collateral Warranty to ProjCo (8 pages)

2.6.2 Seymour Harris Warranty to Authorities (7 pages)

2.6.3 Seymour Harris Appointment (259 pages)

2.7.1 Arup Collateral Warranty to ProjCo (Mansell) (8 pages)

2.7.2 Arup Collateral Warranty to ProjCo (Border) (15 pages)

2.7.3 Arup Collateral Warranty to Authorities (Mansell) (18 pages)

2.7.4 Arup Collateral Warranty to Authorities (Border) (14 pages)

2.7.5 Arup Collateral Warranty to Mansell (14 pages)

2.7.6.1 Arup Appointment (Mansell) (269 pages)

2.7.6.2 Arup Appointment (Mansell)

2.7.7.1 Arup Appointment (Border) (164 pages)

2.7.7.2 Counterpart in respect of the Arup Appointment (Border) (164 pages)

2.8 Independent Certifiers’ Deed of Appointment (56 pages)

2.9.1 Independent Certifiers’ Warranty to Construction Contractor and Border (7 pages)

2.9.2 Independent Certifiers’ Warranty to Border (7 pages)

2.10 Building Sub-Contract (259 pages)

2.11 Collateral Warranty from Border to Authorities (9 pages)

2.12 Collateral Warranty from Border to ProjCo (9 pages)

3. Facilities Management

3.1 FM Contract (457 pages)

3.2 FM Agreement Guarantee (6 pages)

3.3 FM Contractor’s Collateral Warranty (9 pages)

3.4 Independent Certifiers’ Warranty to the FM Contractor (7 pages)

3.5 FM Contractor Parallel Loan Agreement (8 pages)

4. Funding Documents

4.1 Loan Facilities Agreement (213 pages)

4.2 Funders PA Direct Agreement (30 pages)

4.3 Construction Direct Agreement (42 pages)

4.4 FM Direct Agreement (48 pages)

4.6 Accounts Mandate Agreement (32 pages)

4.7 Bank account mandates and specimen signatures (as referred to in Account Bank Agreement) (46 pages) (not included)

4.8 Security Trust and Intercreditor Deed (48 pages)

4.9 Noteholder Subscription Agreement (17 pages)

4.10 ProjCo Loan Note Instrument (23 pages)

4.11.1 Hedging Agreements (including ISDA schedules) (31 pages)

4.11.2 Hedging Agreements (including ISDA schedules) (33 pages)

4.12 Agency Fee Letter (2 pages)

4.13 Arrangement Fee Letter (2 pages)

4.14 Equity Guarantee (11 pages)

4.15 InterCo Loan Note Instrument (23 pages)

5. Security Documents

5.1 HC Debenture and Share Charge (24 pages)

5.2 Borrower Debenture (28 pages)

5.3.1.1 Notice of Charge and assignment to ACE European Group Limited (2 pages)

5.3.1.2 Notice of Charge and assignment to ACE European Group Limited (2 pages)

5.3.2.1 Notice of Charge and assignment to QBE Insurance (Europe) Limited (2 pages)

5.3.2.2 Acknowledgement of QBE Insurance (Europe) Limited (2 pages)

5.3.3 Notice of Charge and assignment to Arup Limited (1 page)

5.3.4 Notice of Charge and assignment to Blue Sky (1 page)

5.3.4.2 Acknowledgement of Blue Sky (1 page)

5.3.5 Notice of Charge and assignment to Lloyds Syndicate 3210 (2 pages)

5.3.6 Notice of Charge and assignment to Royal and Sun Alliance Insurance Plc (2 pages)

5.3.7.1 Notice of Charge and assignment to Chartis Insurance (UK) Limited (2 pages)

5.3.7.2 Acknowledgement of Chartis Insurance (UK) Limited (2 pages)

5.3.8.1 Notice of Charge and assignment to Independent Certifier (1 page)

5.3.8.2 Acknowledgement of Independent Certifier (1 page)

5.3.9 Notice of Charge and assignment to Liberty Mutual Insurance Europe Limited (2 pages)

5.3.10 Notice of Charge and assignment to CNA Insurance Company Limited (2 pages)

5.3.11 Notice of Charge and Acknowledgement of Charge BBIIL (2 pages)

5.3.12 Notice of Charge and Acknowledgement of Charge – InterCo (2 pages)

5.3.13 Notice of Charge and Acknowledgement of Charge – BBplc (2 pages)

5.3.14 Notice to Counterparty & Acknowledgement of Counterparty – BB plc (2 pages)

5.3.15 Notice to Counterparty & Acknowledgement of Counterparty – ProjCo (2 pages)

5.3.16 Notice to Counterparty & Acknowledgement of Counterparty – HoldCo (2 pages)

5.3.16 Notice to Counterparty & Acknowledgement of Counterparty – InterCo (2 pages)

5.3.17 Notice to Counterparty & Acknowledgement of Counterparty – BBIIL (2 pages)

5.3.18 Notice to Counterparty & Acknowledgement of Counterparty – BBplc (2 pages)

5.3.19 Notice to Counterparty & Acknowledgement of Counterparty – ProjCo (2 pages)

5.3.20 Notice to Counterparty & Acknowledgement of Counterparty – BBIIL (2 pages)

5.3.21 Notice of Charge & Acknowledgement of Charge – HoldCo (2 pages)

5.3.22 Notice of Charge & Acknowledgement of Charge – Norddeutsche Landesbank Girozentrale (2 pages)

5.3.23 Notice of Charge & Acknowledgement of Charge – Mansell (4 pages)

5.3.24 Notice of Charge & Acknowledgement of Charge – Dexia Credit Local (2 pages)

5.3.25 Notice of Charge & Acknowledgement of Charge – Border (2 pages)

5.4.1.1 Companies House forms and Evidence of Application of Registration in respect of HoldCo (1 page)

5.4.1.2 Companies House forms and Evidence of Application of Registration in respect of HoldCo (1 page)

5.4.2.1 Companies House forms and Evidence of Application of Registration in respect of InterCo (1 page)

5.4.2.2 Companies House forms and Evidence of Application of Registration in respect of InterCo (Mortgage Details) (1 page)

5.4.3.1 Companies House forms and Evidence of Application of Registration in respect of ProjCo (9 pages)

5.4.3.2 Companies House forms and Evidence of Application of Registration in respect of ProjCo (Mortgage Details) (1 pages)

5.5.1 Executed stock transfer form relating to shares in ProjCo in favour of Security Trustee (2 pages)

5.5.2 Executed stock transfer form relating to shares in InterCo in favour of Security Trustee (2 pages)

5.6.1 Share Certificate of ProjCo (2 pages)

5.6.2 Share Certificate of InterCo (2 pages)

5.7 Intermediate Debenture (24 pages)

6. Corporate Documents

6.1 Shareholders Agreement (47 pages)

6.2 Formalities Certificate of ProjCo exhibiting the Memorandum and Articles of Association, the board minutes authorising the entering into the transaction and the relevant written resolutions (49 pages)

6.3 Formalities Certificate of HoldCo exhibiting the Memorandum and Articles of Association, the board minutes authorising the entering into the transaction and the relevant written resolutions (49 pages)

6.4 Formalities Certificate of InterCo exhibiting the Memorandum and Articles of Association (and Memorandum on change of name, if applicable), the board minutes authorising the entering into the transaction and the relevant written resolutions (49 pages)

6.5 Formalities Certificate of BBIIL exhibiting the Memorandum and Articles of Association (and Memorandum on change of name, if applicable) and the board minutes authorising the entering into the transaction (45 pages)

6.6 Formalities Certificate of BBIHL exhibiting the Memorandum and Articles of Association (and Memorandum on change of name, if applicable) and the board minutes authorising the entering into the transaction (29 pages)

6.7 Formalities Certificate of BBplc exhibiting the Memorandum and Articles of Association (and Memorandum on change of name, if applicable) and the board minutes authorising the entering into the transaction (108 pages)

6.8 Formalities Certificate of Mansell (and Memorandum on change of name, if applicable) exhibiting the Memorandum and Articles of Association and the board minutes authorising the entering into the transaction (34 pages)

6.9 Formalities Certificate of BBW (and Memorandum on change of name, if applicable) exhibiting the Memorandum and Articles of Association and the board minutes authorising the entering into the transaction (32 pages)

6.10 Board minutes for Border (3 pages)

6.11 Certified copy Power of Attorney for ProjCo (4 pages)

6.12 Certified copy Power of Attorney for HoldCo (2 pages)

6.13 Certified copy Power of Attorney for InterCo (3 pages)

6.14 Certified copy Power of Attorney for BBIIL (5 pages)

6.15 Certified copy Power of Attorney for BBIHL (5 pages)

6.16 Certified copy Power of Attorney for BBplc (5 pages)

6.17 Certified copy Power of Attorney for Mansell (2 pages)

6.18 Certified copy Power of Attorney for BBW (3 pages)

7. Authorities Documents

7.1.1 LCGA Certificate from Cumbria County Council in respected of the Project Agreement and the Funders’ Direct Agreement, and certificate of relevant officer certifying signatories of LGCA Certificates. (13 pages)

7.1.2 LCGA Certificate from Lancashire Combined Fire Authority in respected of the Project Agreement and the Funders’ Direct Agreement, and certificate of relevant officer certifying signatories of LGCA Certificates. (9 pages)

7.1.3 LCGA Certificate from Merseyside Fire and Rescue Authority in respected of the Project Agreement and the Funders’ Direct Agreement, and certificate of relevant officer certifying signatories of LGCA Certificates. (9 pages)

7.2.1 Certified copy of resolution of Cumbria County Council approving (1) execution of Project Documents and authorising signatories and (2) full business case. (17 pages)

7.2.2 Certified copy of resolution of Lancashire Combined Fire Authority approving (1) execution of Project Documents and authorising signatories and (2) full business case. (3 pages)

7.2.3 Certified copy of resolution of Merseyside Fire and Rescue Authority approving (1) execution of Project Documents and authorising signatories and (2) full business case. (5 pages)

7.3.1 Certificate of the relevant officer of each Authority: (a) setting out names and specimen signatures; and (b) confirming that resolutions in full force and effect (23 pages)

7.3.2 Certificate of the relevant officer of each Authority: (a) setting out names and specimen signatures; and (b) confirming that resolutions in full force and effect (8 pages)

7.3.3 Certificate of the relevant officer of each Authority: (a) setting out names and specimen signatures; and (b) confirming that resolutions in full force and effect (10 pages)

7.4 Certified copy letter from DCLG containing approval of the Project and full business case. (1 page)

7.5.1 Written confirmation from Cumbria County Council certifying that no claim has been made or threatened against them for breach of procurement duty/Directive in relation to the tender process (1 page)

7.5.2 Written confirmation from Lancashire Combined Fire Authority certifying that no claim has been made or threatened against them for breach of procurement duty/Directive in relation to the tender process (1 page)

7.5.3 Written confirmation from Merseyside Fire and Rescue Authority certifying that no claim has been made or threatened against them for breach of procurement duty/Directive in relation to the tender process (1 page)

7.6.1 A Certificate of an Executive Director of Cumbria County Council together with, inter alia, copies of the “Alcatel” letters sent to unsuccessful bidders (4 pages)

7.6.2 A Certificate of an Executive Director of Lancashire Combined Fire Authority together with, inter alia, copies of the “Alcatel” letters sent to unsuccessful bidders (4 pages)

7.6.3 A Certificate of an Executive Director of Merseyside Fire and Rescue Authority together with, inter alia, copies of the “Alcatel” letters sent to unsuccessful bidders (4 pages)

7.7.1 Certified copy of the current text of each Authority’s Standing Orders and Financial Instructions (71 pages)

7.7.2 Certified copy of the current text of Lancashire Combined Fire Authority’s Standing Orders and Financial Instructions (94 pages)

7.7.3 Certified copy of the current text of Merseyside Fire and Rescue Authority’s Standing Orders and Financial Instructions (98 pages)

8. Land Documents

8.12.1 Certificate in respect of the Site at Bootle & Netherton (54 pages)

8.1.1 Certificate in respect of the Site at Carlisle East (49 pages)

8.1.2 Questionnaire in respect of the Site at Carlisle East (20 pages)

8.2.1 Certificate in respect of the Site at Carlisle West (61 pages)

8.2.2 Questionnaire in respect of the Site at Carlisle West (35 pages)

8.3.1 Certificate in respect of the Site at Patterdale (61 pages)

8.3.2 Questionnaire in respect of the Site at Patterdale (15 pages)

8.4.1 Certificate in respect of the Site at Penrith (83 pages)

8.4.2 Questionnaire in respect of the Site at Penrith (59 pages)

8.5.1 Certificate in respect of the Site at Workington (50 pages)

8.5.2 Questionnaire in respect of the Site at Workington (15 pages)

8.6.1 Certificate in respect of the Site at Blackburn (73 pages)

8.6.2 Questionnaire in respect of the Site at Blackburn (17 pages)

8.7.1 Certificate in respect of the Site at Burnley (48 pages)

8.7.2 Questionnaire in respect of the Site at Burnley (14 pages)

8.8.1 Certificate in respect of the Site at Chorley (54 pages)

8.8.2 Questionnaire in respect of the Site at Chorley (14 pages)

8.9.1 Certificate in respect of the Site at Fleetwood (56 pages)

8.9.2 Questionnaire in respect of the Site at Fleetwood (15 pages)

8.10.1 Certificate in respect of the Site at Belle Vale (50 pages)

8.10.2 Questionnaire in respect of the Site at Belle Vale (14 pages)

8.11.1 Certificate in respect of the Site at Birkenhead (83 pages)

8.11.2 Questionnaire in respect of the Site at Birkenhead (17 pages)

8.12.1 Certificate in respect of the Site at Bootle & Netherton (54 pages)

8.12.2 Questionnaire in respect of the Site at Bootle & Netherton (15 pages)

8.13.1 Certificate in respect of the Site at Formby (47 pages)

8.13.2 Questionnaire in respect of the Site at Formby (12 pages)

8.14.1 Certificate in respect of the Site at Kirkdale (52 pages)

8.14.2 Questionnaire in respect of the Site at Kirkdale (14 pages)

8.15.1 Certificate in respect of the Site at Kirkdale (Temporary Site) (51 pages)

8.15.2 Questionnaire in respect of the Site at Kirkdale (Temporary Site) (13 pages)

8.16.1 Certificate in respect of the Site at Newton-le-Willows (63 pages)

8.16.2 Questionnaire in respect of the Site at Newton-le-Willows (15 pages)

8.17.1 Certificate in respect of the Site at Southport (56 pages)

8.17.2 Questionnaire in respect of the Site at Southport (15 pages)

8.18.1 Certificate in respect of the Site at Southport (Temporary Site) (63 pages)

8.18.2 Questionnaire in respect of the Site at Southport (Temporary Site) (16 pages)

9. Insurance Documents

9.1 Broker’s letter of undertaking to Authorities (116 pages)

9.2 Broker’s letter of undertaking to Funders (113 pages)

9.3 Funders’ Insurance Consultant’s Report (46 pages)

9.4 Funders’ Insurance Consultant’s Engagement letter (13 pages)

10. Legal Opinions and Miscellaneous Documents

10.1 Legal opinion of Ashfords LLP on capacity of each Obligor to enter into the Transaction Documents to which each is a party and on the due execution of such Transaction Documents by the relevant obligor. (22 pages)

10.2 Legal opinion of Tods Murray on the enforceability of the financing documents under English law (9 pages)

10.3 Legal opinion of each of:

  • BBIIL;
  • BB;
  • Mansell;
  • BBW; and
  • BBIHL

in-house counsel on capacity of BBIIL, BB, Mansell, BBW and BBIHL to enter into the Transaction Documents to which each is respectively a party, the due execution of those Transaction Documents and on the enforceability of the Transaction Documents. (9 pages)

10.4 Model Auditor’s Report (9 pages)

10.5 Engagement letter of Model Auditor (14 pages)

10.6 Technical Advisor’s Report (296 pages)

10.7 Engagement letter of Funders’ Technical Advisor (27 pages)

10.8 Financial Model (xls format)

10.9 Financial Model (xlsm format)

10.10 Confirmation that Lenders’ CPs have been met or waived (4 pages)

CP3 Consent of Officer of ProjCo (3 pages)

CP4a Evidence of BBIIL taking share subscriptions in HoldCo (4 pages)

CP4b Evidence of HoldCo taking share subscriptions in InterCo and ProjCo (6 pages)

Written evidence of the accounts opened with the Accounts Bank (1 page)

CP17.1.1a The audited financial statements of Balfour Beatty plc (158 pages)

CP21 VAT registration certificate (3 pages)

11. Conformed Copies of Project Agreement and Schedules

11.1 Project Agreement (main body) (213 pages)

11.2.3 Schedule 3 (Change in Law – Contractor’s Share) (2 pages)

11.2.4 Schedule 4 (Stations) (9 pages)

11.2.5 Schedule 5 (Completion Requirements) (5 pages)

11.2.6 Schedule 6 (Payment Mechanism) (98 pages)

11.2.7 Schedule 7 (Collateral Warranty) (36 pages)

11.2.8 Schedule 8 (Review Procedure) (23 pages)

11.2.9 Schedule 9 (Prohibited Materials) (2 pages)

11.2.10 Schedule 10 (Liaison Procedure) (4 pages)

11.2.12 Schedule 12 (Relevant Discharge Terms) (2 pages)

11.2.13 Schedule 13 (Title Deeds) (3 pages)

11.2.14 Schedule 14 (Insurances) (21 pages)

11.2.15 Schedule 15 (Authorities Policies) (5 pages)

11.2.16 Schedule 16 (Financing Agreements) (5 pages)

11.2.17 Schedule 17 (Project Documents and Ancillary Documents) (3 pages)

11.2.18 Schedule 18 (Code Dispute Resolution Procedure) (6 pages)

11.2.19 Schedule 19 (Anti Discrimination Requirements) (3 pages)

11.2.20 Schedule 20 (Confidential Information and Commercially Sensitive Information) (5 pages)

11.2.21 Schedule 21 (Bulk Transfer Terms) (5 pages)

11.2.22 Schedule 22 (Planning Conditions) (8 pages)

11.2.23 Schedule 23 (Change Protocol) (51 pages)

11.2.24 Schedule 24 (Surveys) (14 pages)

11.2.25 Schedule 25 (Decant Protocol) (11 pages)

11.2.28 Schedule 28 (Site Assumptions) (23 pages)

11.2.30 Schedule 30 (Party Wall Awards) (3 pages)

12. Conformed Copies of Building Contracts and Schedules

12.1 Building Contract (main body) (458 pages)

13. Confirmed Copies of FM Agreement and Schedules

13.1 FM Agreement (main body and Schedules 1 – 5 and 7 – 29) (391 pages)

13.2 FM Agreement Schedule 6 (FM Payment Mechanism) (53 pages)


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