Part 1
ITEM NO.
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REPORT OF THE STRATEGIC DIRECTOR FOR SUSTAINABLE REGENERATION
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TO THE LEAD MEMBER FOR PLANNING ON 5TH APRIL 2011
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TITLE: Highway Investment Programme Phase 43 Carriageway Surface Dressing
Programme 2011/12
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RECOMMENDATION: That Lead Member:
1)
accepts the tender in the sum of £409,656.60; and
2)
approves the Target Cost submitted by Urban Vision Highway Services (which
includes the successful tender sum) in the sum of £633875.56 to deliver the
Carriageway Surface Dressing Programme 2011/12.
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EXECUTIVE SUMMARY: One of the reasons that Urban Vision Partnership Limited
was created was to reduce successful third party claims in order to release funding
for highway improvements. This report seeks approval to the expenditure of
£633875.56 from the Highway Investment Programme in order to improve the
condition of the carriageways.
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BACKGROUND DOCUMENTS: Appendix A -List of streets to be treated.
(Available for public inspection)
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KEY DECISION:
YES – this project forms part of the Highway Investment
Programme that is already included on the forward plan
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DETAILS: Tenders were invited from specialist surface dressing contractors to subcontract to Urban Vision Partnership Limited to supply and lay an end performance
surface dressing programme. The following companies were invited to tender:
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Colas Limited, Birmingham;
Kiely Brothers Limited, Birmingham;
Road Maintenance Services, Knutsford; and
Lancashire County Council, Preston.
Three tender prices were submitted:
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£629222.70;
£409656.60; and
£467556.00.
It should be noted that one firm did not return a tender.
The tender in the sum of £409656.60 did not include treatment for two streets, which
the contractor suggested were unsuitable for surface dressing. However when taking
this into consideration, the tender supplied is still £29946.15 less than the next
lowest tender submitted. The two streets deemed unsuitable shall be considered for
alternative treatment such as Micro Asphalt.
Colas Limited submitted the lowest tender, in the sum of £409656.60.
In addition to the tender rates, an allowance for the replacement of road markings,
along with the overheads incurred by Urban Vision Partnership Limited in managing
the works is required.
The overall estimated cost for the works is £633875.56. and includes the following
provisions:
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Preliminaries;
Measured Work;
Risk; and
Overhead.
An element of the risk provision has been made within the Target Cost to allow for
surface dressing to be laid to Leigh Road, Boothstown and Worsley Road, Worsley.
These roads had been identified as suitable candidate roads for surface dressing,
but the tenders had already been invited prior to their inclusion. It is proposed that
these roads shall be included by means of a variation order to the contract and the
risk provision within the target cost will cover that work.
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KEY COUNCIL POLICIES: Connecting people to opportunities, Local Transport Plan
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EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS: Better maintained
footways and carriageway make it easier for less able bodied and visually impaired
people, to move around the City. The amendments to the revenue budget have
been made in an attempt to ensure the continued safe movement of the public.
However, the budget proposals, whilst potentially having an adverse effect on some
of the highway maintenance service areas, are not intended to be discriminatory.
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ASSESSMENT OF RISK:
Medium – The implementation of these works shall contribute to the reducing the
cost of third party claims within the city. This treatment shall provide a waterproof
surface that will preserve the structure of the highways in question. Failure to treat
these roads will result in further deterioration, requiring more expensive structural
repairs and leaving the council at risk from increased third party damage and/or
injury claims. As a consequence, works can be targeted at other parts of the highway
network.
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SOURCE OF FUNDING: Highway Investment Programme
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LEGAL IMPLICATIONS Supplied by Tony Hatton ext 2904
The recommendations in the report will strengthen the Council’s position in
defending third party highway/tripping claims. As the report refers to, it is legally
accepted that it is not possible to maintain the highway completely free of all defects.
Section 58 of the Highways Act 1980 provides the council with a possible defence to
claims if it can adequately show that there was a sufficiently robust regime in place
to inspect and maintain the highway, provided it is adequately carried out and the
Council had no prior knowledge of the defect before any alleged incident date. By
implementing the recommendations the Council will be better placed to either
repudiate more third party highway claims entirely, or reduce the level of damages
payable should settlement be deemed appropriate.
In respect of the proposed variation to the existing contract, there is a risk that other
tenderers may challenge the decision by arguing that a formal tender process ought
to be / have been adopted for the variation to the contract to allow for surface
dressing to be laid to Leigh Road, Boothstown and Worsley Road, Worsley, but it
appears that the risk has been built in to target costs.
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FINANCIAL IMPLICATIONS Supplied by Alison Swinnerton ext 2585
There is sufficient funding available to support the Highways Investment Programme
budget as detailed in this report. The Highways Investment Programme capital
budget was agreed by Council in March 2011.
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OTHER DIRECTORATES CONSULTED: The works shall be programmed in
accordance with the noticing requirements of the Traffic Management Act 2004. In
addition, it is usual to consult with the Environmental Services Directorate to ensure
that disruption to refuse/ recycling collections is kept to a minimum. In addition, all
ward councillors shall be circulated with a copy of the programme of works, once
available, and signs shall be erected on site prior to the commencement of
operations to warn drivers. In addition, a letter drop shall be sent to all affected
residents and businesses. Surface Dressing is a mobile operation and disruption is
minimised in that regard. Out of hours notification shall be agreed with the
Environmental Pollution Officers.
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CONTACT OFFICER: Steve Mangan
TEL. NO. 0161 603 4034
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WARD(S) TO WHICH REPORT RELATE(S):Barton, Boothstown and Ellenbrook,
Broughton, Cadishead, Claremont, Eccles, Irlam, Irwell Riverside, Langworthy,
Ordsall, Pendlebury, Swinton South, Walkden North, Walkden South, Winton.
Appendix A.xls