On the 2nd MArch 2015, Camden Council has sent a Notice of Intent to enter into an Estate Roads and Footpaths Contract. The original document can be found below:
- estate roads and footpaths part 1
- estate roads and footpaths part 2
- estate roads and footpaths part 3
London Borough of Camden
Camden Town Hall
Date: 2na March 2015
Ref: 14/004 & 14/215
Re: Flat ,Goldthorpe,Camden Street,London,NW1
Please find enclosed two statutory notices regarding the Council’s intention to enter into a contract for estate roads and footpaths, and the second to enter into a consultancy framework agreement.
Notice 1 – Notice of Intention to enter into an Estate Roads and Footpaths Contract:
Please note that this notice only applies to leaseholders who reside on an estate and contribute towards the cost of the upkeep of the estate roads and footpaths as and when required. If you are unsure whether this affects you please contact us on 02079744611.
The Council intends to procure a contractor to carry out repairs to all roads and footpaths across the borough which can be used by all Council services. The Council is considering using this contract for estate roads and paths on housing land as the contract should secure competitive prices due to its size and economy of scale.
Notice 2 – Notice of Proposal to enter into 39 contracts as part of a Consultancy Services framework Agreement.
You were sent a Notice of Intention regarding the Council’s intention to procure a contract for Consultancy Services on 25th April 2014. The Council have now completed a tendering exercise and propose to enter into contract with 39 specialist consultants. Please find enclosed your statutory Notice of Proposal which contains full details.
The purpose of this new contract is to ensure that specialist input is available when delivering repairs and maintenance schemes, for example to design heating systems or prepare specifications. The Council also appoints service providers to carry out works such as fire risk assessments, structural monitoring, project management, quantity surveying, employer’s agent and other roles.
These appointments are currently made on an ad hoc basis and this can be labour intensive. The Council proposes, therefore, to establish a framework for consultancy services that meets the Council’s requirements and has been subject to leasehold consultation. The aim of the proposed framework is to make it easier and cheaper for the Council to secure specialist services when these are required.
The Council proposes to enter into contract with 39 specialist consultants and enclosed within your Notice of Proposal is a separate tender for each. There will be 3 consultants able to bid for work within a specialist lot, for example, engineering services or asbestos surveys. The Council will hold mini-competitions between these 3 suppliers. Consultants may not use rates which are greater than their enclosed tendered rates (as adjusted for inflation under this contract) but may use rates that are less.
In the event of an urgent need for services, a consultant may be selected through direct appointment.
Where these services relate to your property, normally when building or repairs works are being undertaken, you will be liable to pay a proportion of the consultant’s cost by way of a service charge.
Please also read the Frequently Asked Questions pages at the end of this letter as this may address any queries that you have.
Please note that this cover letter and the Frequently Asked Questions pages do not form part of either notice.
Assistant Director HASC
NOTICE OF INTENTION TO ENTER INTO QUALIFYING LONG TERM AGREEMENTS
(Section 20 of the Landlord and Tenant Act 1985 (as amended) (“the Act”) and Schedule 2 of the Service Charges (Consultation Requirements) (England) Regulations 2003 (“the Regulations”).
Re: Flat Goldthorpe Camden Street London NW1
Qualifying long term agreements relating to a minimum 4 year contract for inspection, maintenance and renewal of hard-standing areas, roads, footpaths, street furniture, lighting and external surface water drains
I am writing to inform you that the London Borough of Camden (‘the Council’), as your landlord, proposes to enter into a long term agreement (“the Agreements”), details of which are given below.
The Council is planning to enter into what the Act and the Regulations call “qualifying long term agreements” (“QLTAs”). These are agreements which last for more than 12 months and concern services and qualifying works to be carried out in relation to the building or estate in which you are a leaseholder.
From time to time the housing repairs service carries out maintenance to footpaths, street furniture and estate roads on housing land. The Council will shortly be advertising a contract for highway maintenance that will be able to operate borough-wide across all public footpaths and roads.
Due to the economies of scale offered by this new contract we are also considering its use on housing land for maintaining estate roads, paths and lighting columns. The type of assets covered by the contract would include hard standing areas, roads, footpaths, street furniture such as bollards, lighting columns and surface water drains.
As a first step, a procurement exercise will be carried out to establish the contracts, in accordance with the requirements of the Public Contracts Regulations 2006 (as amended).
The contract is planned to run from 1 April 2016 for a minimum period of 4 years. It is anticipated that the total value of works commissioned through this contract will be approximately £80m Council-wide over a 4 year period.
Entering into a contract as proposed does not entitle a contractor to any particular amount of work on housing land. Once the contract is established, and contractors have entered into the proposed Agreements with the Council, individual packages of work will be specified by the Council as and when necessary.
Where services or works covered by the Agreements relate to your estate, block or property, you will be liable pursuant to your lease to pay a portion of the cost by way of a service charge.
2. General Description of services to be performed and works to be carried out
The list below is a general description of the services and works that will be made available under the Agreements.
Borough-wide highways contract
The contract will provide access to the following Council-wide services:
• Safety inspections to identify defects such as pot-holes or trip hazards
• Ad hoc repairs to footpaths, roads, external surface water drains, gullies, street furniture, lighting columns or lighting units
• Larger capital works, for example to resurface roads or pave footpaths should the requirement be identified
3. Reasons for considering it necessary to enter into the Agreements
The Council considers it necessary to enter into the Agreements for the following reasons. As your landlord, the Council has to meet certain obligations under your lease, in particular with regards to maintaining, repairing, redecorating, renewing and amending the property, block and estate and relevant component parts of these.
From time-to-time works are required to hard-standing areas, roads or footpaths on housing land. It is anticipated that the borough-wide contracts being established by the Council, for use by all departments, will provide an economy of scale and competitive pricing for such works.
It should be noted recharges would only apply to necessary works on paths, hard-standing areas and estate roads on housing land and contributions to expenditure would be calculated in accordance with the terms of your lease. Charges would not relate to any paths, land and roads deemed to be highway maintainable at the public expense.
4. Reasons for considering it necessary to carry out works on a building or other premises
Insofar as the Agreements involve carrying out works on a building or other premises, the Council considers this necessary for the following reasons.
In order to meet the obligations that the Council owes its leaseholders referred to in paragraph 3 above, the Council considers it will be necessary to carry out works on a building, the estate as detailed within your lease, or other premises and proposes to do so by way of the Agreements.
You are invited to make any written observations regarding the proposals contained in this notice. If you wish to do this, you should send them to this office in writing to be received within 30 days from the date of this notice. All observations must be received by the 9th April 2015. Observations should be sent to the following address:
Mike Edmunds (Head of Leaseholder Services)
London Borough of Camden
Camden Town Hall
Email capitalservices(S)camden.gov.uk and include the contract reference 14/215 and xxx in the email subject field.
6. Reasons why the Council is not inviting nominations from leaseholders
In the case of the Agreements, the European Union requires the Council as a public authority to advertise the Agreements by way of a public notice in the Official Journal of the European Union because of the estimated value of the Framework Agreement. As a result of this requirement, the right of the leaseholders to nominate a contractor does not apply.
The public notice must give details and invite tenders from suitable organisations in respect of the Agreements. In view of this requirement, it is not possible for leaseholders themselves to propose a person or organisation to tender for the Agreements as would otherwise be the case.
Once observations have been considered and the consultation period has closed, the Council intends to place a public notice in the Official Journal of the European Union to invite expressions of interest in the Agreements.
7. Further consultation – Notification of Landlord’s Proposal
It is anticipated that once this initial consultation has concluded and upon receipt of the tenders/estimates, we will send you a further notice regarding the Council’s detailed proposal in accordance with the Regulations. This will inform you of the proposed contractors and provide you with a further opportunity to be consulted about the Agreements.
8. Cost of the services
As a leaseholder you will only be liable for a proportionate part of any costs incurred in relation to your estate or block or property under the Agreements.
Assistant Director HASC