city development committee - dundeecity.gov.ukpub).pdf · item no …3….…….. report to: city...

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City Chambers DUNDEE DD1 3BY 1st December, 2017

Dear Sir or Madam

CITY DEVELOPMENT COMMITTEE

You are requested to attend a MEETING of the CITY DEVELOPMENT COMMITTEE to be held in the City Chambers, City Square, Dundee on Monday, 11th December, 2017 to follow the meetings of the City Council, Children and Families Services, Community Safety and Public Protection and Neighbourhood Services Committees called for 6.00 pm.

Yours faithfully

DAVID R MARTIN

Chief Executive AGENDA OF BUSINESS 1 DECLARATION OF INTEREST Members are reminded that, in terms of The Councillors Code, it is their responsibility to make decisions about whether to declare an interest in any item on this agenda and whether to take part in any discussions or voting. This will include all interests, whether or not entered on your Register of Interests, which would reasonably be regarded as so significant that they are likely to prejudice your discussion or decision-making. 2 DIGITAL WIRELESS PROJECT, CENTRAL WATERFRONT (AN99-2017) As part of the Growth Accelerator grant funding from Scottish Government, Dundee City Council are committed to investing in digital infrastructure in the Central Waterfront. Working closely with Scottish Futures Trust (SFT), a timeline to have public Wi-Fi installed by summer 2018 has been agreed. To ensure this proposal can be delivered on programme and prepare tender documents for the infrastructure and the mobile operator required to complete this task, SFT have employed a project manager to lead the project and have identified a suitable consultant to provide the necessary technical advice. Farrpoint are the Scottish Government retained consultant for a wide range of projects throughout the country and they work with SFT on various public projects. The Council can access their services from the Scottish Government Network Enablement Services framework at pre-tendered rates and Farrpoint have offered to carry the necessary work for a fee of £20,550 plus VAT. This cost can be covered by the available Growth Accelerator funding.

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Given the limited timescales available, the Executive Director of City Development, in consultation with the Convener, Lord Provost and Group Leaders agreed to appoint Farrpoint to assist the Council and SFT to allow this project to advance on programme. Committee is asked to note the foregoing for information. 3 TENDERS RECEIVED BY HEAD OF DESIGN AND PROPERTY - Page 1 (Report No 283-2017 enclosed). 4 ALEXANDER STREET & ANN STREET AREA, DUNDEE (20 MPH ZONE) ORDER 2017 -

Page 5 (Report No 403-2017 enclosed). 5 VARIATION OF WAITING RESTRICTION ORDER (NO 2) 2017 - Page 7 (Report No 404-2017 enclosed). 6 LED OUTLINE BUSINESS CASE FOR STREET LIGHTING - Page 11 (Report No 435-2017 enclosed). 7 RESPONSE TO LOCAL BUS SERVICES IN SCOTLAND – IMPROVING THE

FRAMEWORK FOR DELIVERY CONSULTATION - Page 15 (Report No 436-2017 enclosed). 8 DUNDEE CENTRAL WATERFRONT – SITE 6 OFFICE DEVELOPMENT - 5 (Report No 432-2017 enclosed). The Committee may resolve under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 6 and 9 of Part I of Schedule 7A of the Act. 9 SALE OF LAND, KIRKTON ROAD, DUNDEE 10 SALE OF LAND, ST LEONARD PLACE, DUNDEE 11 SALE OF LAND, DUNDEE ROAD WEST, DUNDEE

ITEM No …3….…….. REPORT TO: CITY DEVELOPMENT COMMITTEE – 11 DECEMBER 2017 REPORT ON: TENDERS RECEIVED REPORT BY: TENDERS RECEIVED BY HEAD OF DESIGN AND PROPERTY REPORT NO: 283-2017 1 PURPOSE OF REPORT

1.1 This report details tenders received and requests a decision on acceptance thereof.

2 RECOMMENDATION

2.1 Approval is recommended of (1) the acceptance of the tenders submitted by the undernoted contractors and (2) the undernoted total amount, including allowances, for each project.

Project Reference Project Description

Contractor Tender Amount

Fees & Other Costs

Total Amount

P16645 – Dryburgh Resource Centre - Demolition

Dundee Plant Co Ltd £90,958.00 £61,242.00 £152,200.00

16-6004A - Harris Academy Caretaker's House - Window Replacement

Construction Services £34,002.04 £5,632.32 £39,634.36

16-6004B - Morgan Academy Caretaker's House - Window Refurbishment

Alexander Oastler Ltd £12,832.42 £2,287.52 £15,119.94

15-50793 - Various Properties - Service and Maintenance of Emergency Lighting Systems (Area 2)

Construction Services £48,928.28 £2,500.00 £51,428.28

3 FINANCIAL IMPLICATIONS

3.1 The Executive Director of Corporate Services has confirmed that funding for the above projects is available as detailed on the attached sheet.

4 POLICY IMPLICATIONS

4.1 This Report has been screened for any policy implications in respect of Sustainability, Strategic Environmental Assessment, Anti-Poverty, Equality Impact Assessment and Risk Management. Any issues are detailed on the attached sheets.

5 CONSULTATIONS

5.1 All members of the Council Management Team have been consulted and are in agreement with the contents of this report.

6 BACKGROUND PAPERS

6.1 None.

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2 Report No 283-2017

7 FURTHER INFORMATION

7.1 Detailed information relating to the above Tenders is included on the attached sheet. The construction works in this report have been procured using the general guidance contained in the following documents approved by the Council:

a Report: 148-2003 - Partnering Guidelines for Construction Projects;

b Report: 356-2009 - Construction Procurement Policy; and

c Standing Orders - Tender Procedures of the Council.

Mike Galloway Executive Director of City Development

Fergus Wilson Head of Design and Property

FW/MP/CM/EC 30 November 2017 Dundee City Council Dundee House Dundee

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CLIENT CITY DEVELOPMENT

PROJECT NUMBER PROJECT PROJECT INFORMATION ESTIMATED START AND COMPLETION DATES

P16645 Dryburgh Resource Centre– Demolition Demolition of surplus building including underbuildings, foundations and associated hardstanding. Post demolition treatment of topsoil and grass seeding. January 2018 March 2018

16-6004A Harris Academy Caretakers House – Window Replacement The works to this Category B Listed Building comprise the replacement of 16 existing windows with new hardwood sash and case windows. Start February 2018 Complete February 2018

TOTAL COST

Contract £90,958.00 Non Contract Allowances £50,242.00 Fees £11,000.00 Total £152,200.00

Several Works £34,002.04 Allowances £5,632.32 Total £39,634.36

FUNDING SOURCE BUDGET PROVISION & PHASING ADDITIONAL FUNDING

Capital: Demolition of Surplus Properties and Remediation Works Capital Plan 2018/2023 £152,200.00 None

Capital – Window Replacement Capital Plan 2018/2023 £39,634.36 None

REVENUE IMPLICATIONS None None

POLICY IMPLICATIONS

Built Environment – removal of vacant buildings will provide opportunity to enhance the local environment. Waste Management – Demolition material will be reused and recycled where possible, maximising economic opportunity arising from waste.

There are no major issues.

TENDERS

Tenders were invited from 6 contractors and the following tenders received:

Negotiated Contract

Contractors Tender Corrected Tender Dundee Plant Co Ltd £88,458.00 £90,958.00 Gowrie Contracts Ltd £94,546.00 - Central Demolition £96,477.00 - Safedem Ltd £106,601.00 - Dem-master £134,870.00 - Reigart Contracts Ltd £168,875.00 -

Tenderer Construction Services

Tender £34,002.04

RECOMMENDATION To accept the lowest tender from Dundee Plant Co Ltd Acceptance of the offer.

ALLOWANCES

Contingencies £13,395.00 Public Utilities £10,000.00 Professional Fees £9,000.00 CDM Principal Designer £2,000.00 Post Demolition Treatment £26,847.00 Total £61,242.00

Professional Services £5,372.32 Miscellaneous Works £260.00 Total £5,632.32

SUB-CONTRACTORS None None

BACKGROUND PAPERS None None

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CLIENT CITY DEVELOPMENT CITY DEVELOPMENT

PROJECT NUMBER PROJECT PROJECT INFORMATION ESTIMATED START AND COMPLETION DATES

16-6004B Morgan Academy Caretakers House – Window Refurbishment The works to this Catregory B Listed Building comprise the refurbishment of 8 existing hardwood sash and case windows, including reglazing with double glazed unit. Start February 2018 Complete February 2018

15-50793 Various Properties – Service and Maintenance of Emergency Lighting Systems (Area 2) The works comprise the Inspection, Testing, Service and Maintenance of Emergency Lighting Systems to 75 properties over a 3 year contract period. Start January 2018 Complete January 2021

TOTAL COST

Several Works £12,832.42 Allowances £2,287.52 Total £15,119.94

Servicing and Maintenance Works £48,928.28 Allowances £2,500.00 Total £51,428.28

FUNDING SOURCE BUDGET PROVISION & PHASING ADDITIONAL FUNDING

Capital – Corporate Asset Management – Window Replacement 2017/2023 £15,119.94 None

Revenue – Property Health and Safety 2018/2023 £51,428.28 None

REVENUE IMPLICATIONS None None

POLICY IMPLICATIONS There are no major issues. There are no major issues.

TENDERS

The project was procured through the Public Contracts Scotland Portal, two compliant offers were received. Evaluation scores on a cost/quality basis as noted below.

Negotiated contract.

Tenderer Alexander Oastler Ltd A Sturrock & Son (Kirkbuddo) Ltd

Tender

£12,832.42 £14,629.00

Quality Ranking

1 2

Cost/Quality Ranking

1 2

Tenderer Tender Construction Services £48,928.28

RECOMMENDATION Acceptance of offer from Alexander Oastler Ltd. Acceptance of the offer.

ALLOWANCES

Professional Services £2,027.52 Miscellaneous Works £260.00 Total £2,287.52

Professional Services £2,500.00 Total £2,500.00

SUB-CONTRACTORS None None

BACKGROUND PAPERS None None

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ITEM No …4….…….. REPORT TO: CITY DEVELOPMENT COMMITTEE – 11 DECEMBER 2017 REPORT ON: ALEXANDER STREET & ANN STREET AREA, DUNDEE (20MPH ZONE)

ORDER 2017 REPORT BY: EXECUTIVE DIRECTOR OF CITY DEVELOPMENT REPORT NO: 403-2017 1 PURPOSE OF REPORT

1.1 This report considers the necessity to introduce a 20mph zone in the surrounding area to the south of a new school being constructed between Alexander Street and Ann Street in the Hilltown area of Dundee.

1.2 This report also considers the requirement to vary a length of part-time 20mph zone to the north of the new school when the lights on the sign flash. When the lights are not flashing the road will default back to a 30mph speed limit as it is a main distributor road and important for the efficient transit of vehicles across the city.

2 RECOMMENDATION

2.1 It is recommended that the Committee approves the preparation of the necessary Traffic Regulation Order to introduce a 20mph zone around the new school on Ann Street, Powrie Place, Whitlers Way, Annan Terrace, Kidd Street and a short section of Cotton Road.

2.2 The Committee is also asked to approve the preparation of the necessary Traffic Regulation Order to vary a length of part-time 20mph zone restriction when the lights flash on Alexander Street.


3.1 The costs of preparing the Order will be met by the capital fund for the construction of the new school.

4 BACKGROUND

4.1 As part of the development of a new school in the area, it is seen as necessary to introduce safety measures to control vehicular speeds.

4.2 The main plans for the proposals can be accessed online at weblink: http://www.dundeecity.gov.uk/citydevelopment/trafficorders/. A paper copy can also be made available on request from the Head of Roads and Transportation.


5.1 This Report has been screened for any policy implications in respect of Sustainability, Strategic Environmental Assessment, Anti-Poverty, Equality Impact Assessment and Risk Management. There are no major issues.

6 CONSULTATIONS

6.1 All members of the Council Management Team and Police Scotland have been consulted and are in agreement with the contents of this report.

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http://www.dundeecity.gov.uk/citydevelopment/trafficorders/


7 BACKGROUND PAPERS

7.1 There are no background papers of relevance to this report.

Mike Galloway Neil Gellatly Executive Director of City Development Head of Roads and Transportation

NHG/SS/KM 14 November 2017 Dundee City Council Dundee House Dundee

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ITEM No …5….…….. REPORT TO: CITY DEVELOPMENT COMMITTEE – 11 DECEMBER 2017 REPORT ON: VARIATION OF WAITING RESTRICTIONS ORDER (NO 2) 2017 REPORT BY: EXECUTIVE DIRECTOR OF CITY DEVELOPMENT REPORT NO: 404-2017 1 PURPOSE OF REPORT

1.1 This report considers all the requests during the previous quarter for additions and alterations to waiting restrictions throughout the city.

2 RECOMMENDATION

2.1 It is recommended that the Committee approve the preparation of a Traffic Regulation Variation Order to affect the changes to the waiting restrictions in the relevant Traffic Regulation Orders for Dundee.


3.1 It is proposed that the total cost of implementing these proposals estimated at £2,000 be met from within the City Development Car Park Trading Account. An additional £700 is required in annual maintenance costs for signing and lining and this will also be met from within the City Development Department’s Car Park Trading Account.

4 BACKGROUND

4.1 It is proposed to vary the undernoted Traffic Regulation Orders for the reasons listed. All drawings have been made available at the following web link:

http://www.dundeecity.gov.uk/citydevelopment/trafficorders/.

a The Dundee City Council (North-Central Area, Dundee) (Waiting and Loading Restrictions) Order 2012

Fairmuir Road - Coldside Ward (Drawing 9)

It is proposed to add sections of “at any time” to protect junctions where there have been identified road safety concerns caused by indiscriminate parking which block visibility.

Ann Street - Coldside Ward (Drawing 13)

It is proposed to add sections of “at any time” to prevent obstruction on a narrow section of road near a new school.

b The Dundee City Council (Eastern Area, Dundee) (Waiting and Loading Restrictions) Order 2010

Fowler Road- The Ferry Ward (Drawing 12)

It is proposed to add a section of “at any time” to provide access to a site. The access point is currently on private land and the Council have been authorised by the owner to provide restrictions to allow the site to be developed. The restrictions will not be placed on the public road network.

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http://www.dundeecity.gov.uk/citydevelopment/trafficorders/


Brook Street - The Ferry Ward (Drawing 8)

It is proposed to alter waiting restrictions on Brook Street to accommodate Police Scotland vehicles at their adjacent premises on the south side of the carriageway. The section of “at any time” restriction vacated on the north side of the carriageway is proposed to be altered to limited waiting parking which will aid businesses closer to that location.

Camphill Road/Maryfield Road - The Ferry Ward (Drawing 6)

It is proposed to add a section of “at any time” to protect a junction. This junction frequently has vehicles completely obstructing visibility and has raised a significant road safety concern due to the volume and speed of traffic using Camphill Road.

Claypotts Road - The Ferry Ward (Drawing 7)

It is proposed to remove a short section of limited wait parking and add a section of “at any time” restriction to protect an access. Due to the high volume of traffic using this road at peak periods it seen as a significant road safety concern.

c The Dundee City Council (Western Area, Dundee) (Waiting & Loading Restrictions) Order 2012

Mitchell Street/Benvie Road- West End Ward (Drawing 1)

It is proposed to add sections of 'at any time' to protect a junction. This junction frequently has vehicles completely obstructing visibility by parking at the junction point.

Riverside Approach - West End Ward (Drawing 2)

It is proposed to alter a section of “at any time” restriction to facilitate the passage of pedestrians across the road. Due to the displacement of vehicles it is proposed to reduce another section of “at any time” restriction to avoid contributing to perceived parking problems in the area.

Pentland Crescent - West End Ward (Drawing 4)

It is proposed to provide sections of “at any time” and “no loading at any time” restrictions to protect a turning facility frequently blocked by indiscriminate parking. This issue was also raised by the emergency services to prevent any unnecessary delays during callouts.

d The Dundee City Council (Central Area, Dundee) (Controlled Parking Zone) Order 2010

New Inn Entry - Maryfield Ward (Drawing 5)

It is proposed remove a section of “no daytime waiting” which has frequently confused disabled motorists as they are placed incorrectly through existing disabled parking bays.

Commercial Street - Maryfield Ward (Drawing 14)

It is proposed remove a section of “at any time” restriction and replace it with a section of Pay and Display which will be reserved for the use of motorcycles only.

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Euclid Crescent (East and West Legs) - Maryfield Ward (Drawing 15)

It is proposed to introduce two sections of “no loading at any time” restriction on Euclid Crescent as Blue Badge Holders have been observed blocking the turning-head at the south end of the carriageways.

e The Dundee City Council (North-Eastern Area, Dundee) (Waiting & Loading Restrictions) Order 2012

Lothian Crescent - North East Ward (Drawing 4)

It is proposed to introduce a section of “at any time” restriction to prevent parking and promote road safety adjacent to a new school.

Thornbank Court - North East Ward (Drawing 11)

It is proposed to introduce a section of “at any time” restriction to prevent vehicular and pedestrian obstruction caused by poorly parked vehicles.

f The Dundee City Council (Coach Parking) Order 2017

Riverside Drive - West End Ward (Drawing 3)

It is proposed to provide a large area for bus/coach parking away from the city centre which can be used for both layover purposes or additional space for rail replacement services.

g The Dundee City Council (School Keep Clear Areas) 2007

Lothian Crescent - North East Ward (Drawing 10)

It is proposed to introduce sections of “school keep clear” restrictions to prevent parking and promote road safety adjacent to a new school.

Longhaugh Road - North East Ward (Drawing 10)

It is proposed to remove sections of ”school keep clear” restrictions which are no longer required.

h The Dundee City Council (Dens Park & Tannadice Park Area, Dundee) (Major Events Related Traffic Control) Order 2007

It is proposed to alter the wording of the Articles within the Traffic Regulation Order to reflect that Police Scotland no longer place the no waiting “at any time” cones as this is now a process undertaken by a contractor appointed by Dundee City Council. Police Scotland also no longer control the prohibition of driving section of the Traffic Regulation Order with physical barriers and this is now undertaken by a contractor approved by both Dundee Football Club & Dundee United Football Club.



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6 CONSULTATIONS


7 BACKGROUND PAPERS

7.1 There are no background papers of relevance to this report.


NHG/SS/KM 16 November 2017 Dundee City Council Dundee House Dundee

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ITEM No …6….…….. REPORT TO: CITY DEVELOPMENT COMMITTEE – 11 DECEMBER 2017 REPORT ON: LED OUTLINE BUSINESS CASE FOR STREET LIGHTING REPORT BY: EXECUTIVE DIRECTOR OF CITY DEVELOPMENT REPORT NO: 435-2017 1 PURPOSE OF REPORT

1.1 To request capital funding for investment in energy saving street lighting to both improve the quality of street lighting throughout the city and reduce the impact of expected energy price increases on revenue costs.

2 RECOMMENDATION

2.1 It is recommended that the Committee:

notes that energy costs are forecast to increase significantly within the next 10 years;

approves Capital funding of the order of £4.8m in order to deliver the proposed programme of LED installations; and

notes that the proposals would not only reduce the Councils likely future revenue costs for street lighting energy but would also contribute to the Councils overall carbon reduction targets and requirements under EU directive 2005/32/EU.


3.1 The overall programme of LED installations and energy conservation has been modelled by the use of the Scottish Futures Trust (SFT) Street Lighting Toolkit, the outputs of which have been quoted in this report. There is an estimated capital cost of £4.8m and this will require to be added to the 2018-23 Capital Plan.

3.2 The toolkit has identified annual savings of an estimated £909k on electricity, Carbon Reduction Commitment (CRC) and reduced maintenance on completion of the installation works. The cost of borrowing of the £4.8m is £310k per annum allowing a full year’s saving total of £599k.

4 BACKGROUND

4.1 The Council currently owns some 24,797 street lights and 2583 illuminated signs and bollards which consume approximately £1.1m of electricity per year (at 2015/16 prices). The energy required for street lighting alone produces 4,375 tonnes of CO2 from which CRC tax at £15.70/tonne is £68,693.

4.2 Energy costs in regard to street lighting are expected to increase over time. Current analysis of the energy market shows that electricity prices have been forecast to increase in line with the Consumer Price Index (CPI) and Department of Energy and Climate Change (DECC) forecasts. Due to advances in lighting technology there is now an opportunity to review street lighting provision with a view to making significant revenue savings on energy and its associated costs.

4.3 The Council’s Carbon Management plan has the target to reduce carbon emissions by 5% per annum to 2020. Currently Dundee’s street lighting produces 4,375 tonnes of CO2 per annum. Post-installation this project would reduce that figure to 2,361 tonnes, a reduction of 46% in CRC charges (at predicted 2022 rates).

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4.4 A further consideration for the Council is that modern lower energy street lighting and new

legislation (EU Directive 2005/32/EU) will prohibit the use of inefficient technologies including the control gear (spare parts) used in the majority of our street lights. Investment in this apparatus will be necessary as spares for some existing equipment will no longer be available after 2017. It should also be noted that with the accelerated installation of new LED lighting by local authorities throughout the UK, the cost of parts for maintaining existing luminaires is expected to rise.

4.5 The requirements of this Directive for discharge lamps has major implications on the use of some existing technologies currently used which will be deemed inefficient and effectively withdrawn from service. This directly affects over 22% of the current lighting inventory.

4.6 The Scottish Government has identified street lighting is an area where energy reduction can be easily achieved through investment in new infrastructure. This project and report were developed with the involvement of Resource Efficient Scotland (RES), Scottish Futures Trust (SFT) and Zero Waste Scotland (ZWS) funding made available for local authorities. An Outline Business Case (OBC) has been produced which reviews the current concerns and pressures placed on the Council with regard to operating the street lighting infrastructure and investigated methods and technologies available to reduce the ongoing financial costs. Copies of the Business Case have been forwarded to the Lord Provost and Group Leaders.

4.7 SFT has developed a financial model (Toolkit) for the evaluation of street lighting within the public sector. The model uses current forecasts from DECC to predict future energy costs and potential savings. The model also uses costs and performance figures for LED luminaires from the Scotland Excel framework and indicates potential savings available when converting to energy efficient lighting. This model has been externally audited by BDO to confirm its robustness and accuracy and appropriately uses underlying technical data to generate financial forecasts.

4.8 In order to deliver the project successfully there will be a considerable design workload. Lighting for each street will have to be designed individually in order to maximise savings and ensure compliance with standards and legislation.

4.9 Delivery of the project will be through utilising the knowledge and experience of the Street Lighting Partnership (SLP) staff to undertake all design and installation work for this project therefore securing local jobs. Should additional resources be required for installation work, Scotland Excel has a framework contract in place which could be called upon if required.

4.10 The programme of LED conversion will take approximately 18-24 months from approval of Capital Funding.

4.11 It is anticipated that conversion will commence in April 2018 and will be designed and delivered by the SLP.

4.12 Once all equipment has been modernised, Dundee City Council will benefit from modern reliable street lighting, will significantly reduce our street lighting electricity cost and greatly reduce the carbon footprint of lighting our streets.

4.13 In relation to this project early discussions regarding inclusion of Intelligent Street Lighting in areas of high footfall are being held with the Partners and will be subject to a funding application to ERDF for financial year 2019/2020.



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6 CONSULTATIONS


7 BACKGROUND PAPERS

7.1 None.

Mike Galloway Neil Gellatly Executive Director of City Development Head of Roads & Transportation

NHG/ET/KM 30 November 2017 Dundee City Council Dundee House Dundee

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ITEM No …7….…….. REPORT TO: CITY DEVELOPMENT COMMITTEE – 11 DECEMBER 2017 REPORT ON: RESPONSE TO LOCAL BUS SERVICES IN SCOTLAND – IMPROVING THE

FRAMEWORK FOR DELIVERY CONSULTATION REPORT BY: EXECUTIVE DIRECTOR OF CITY DEVELOPMENT REPORT NO: 436-2017 1 PURPOSE OF REPORT

1.1 This report details the Council’s response to the Transport Scotland consultation ‘Local Bus Services in Scotland – Improving the Framework for Delivery’.

2 RECOMMENDATION

2.1 It is recommended that the Committee approves the response attached in Appendix 1.


3.1 There are no financial implications arising from responding to this consultation.

4 BACKGROUND

4.1 The Transport Act 1985 which deregulated the bus industry has been the principal legislation that governs the operation of local bus services in Scotland for the last 30 years. Many observers have concluded that the current legislative framework no longer serves the best interests of the travelling public and that commercial decisions made by bus operators are determining the availability and scope of bus services that are so vital to local communities.

4.2 In recognising this demand for change, the Scottish Government has committed itself to introducing legislation during the current parliamentary session that will seek to change the balance of power and give greater control and influence to transport authorities (Councils and Regional Transport Partnerships) and in turn to local communities.

4.3 Transport Scotland has identified a number areas where it believes change can be effected and has issued a national consultation seeking views on their proposals for change. The proposals cover four main areas:

1 Partnerships 2 Local Franchising 3 Transport Authority Run Bus Services 4 Open Data

4.4 The proposals around partnership working as described in the consultation paper are considered to be overly bureaucratic, with too many checks and balances and too many opportunities for bus operators to withdraw from the process. Dundee City Council is determined to pursue long term, two-way partnership working with bus operators who are committed to collaboration and serving the interest of the city.

4.5 The proposals around local franchising are of interest but again there is a concern expressed in the response that, as described in the consultation paper, the powers given to transport authorities are unlikely to be used. The responses advocates developing the idea of 'powers of direction' that would give transport authorities greater control without the requirement for full franchising.

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4.6 The Council supports the principle of giving local authorities like Dundee City Council

unambiguous powers to operate bus services for its local community - either directly or indirectly through an arms-length company. Legislation should remove the historic restrictions that have inhibited Councils from intervening in commercial bus markets.

4.7 The Council believes that the sharing of data, including punctuality figures, financial data and patronage data is important in helping inform strategic decisions that will impact on the bus industry. The Council supports legislation that compels bus operators to share this data.



6 CONSULTATIONS


7 BACKGROUND PAPERS

7.1 None.


NHG/JB/MS 30 November 2017 Dundee City Council Dundee House Dundee

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APPENDIX 1 - LOCAL BUS SERVICES IN SCOTLAND – IMPROVING THE FRAMEWORK FOR DELIVERY Consultation Questions The consultation questions are listed below. Respondents are asked to give an answer to the questions put on our policy proposals, this is typically to say whether you agree with them or not, and to explain that answer in a comment. There is a separate section at the end which looks at likely impacts. Partnerships Question 1 - Do you think that legislation (either via the existing SQP model or another) is required to secure the benefits of partnership working?

Please answer Yes X, or No ☐.

Please explain your answer to this question:

In theory, it should be possible to secure the benefits of partnership working between transport authority and bus operator(s) through a non-statutory approach where positive relationships are allowed to develop. Experience would show that voluntary partnerships have often failed when the individuals driving the partnerships leave their roles within their respective organisations. In a voluntary model, frequent changes of management tends to result in reduced levels of commitment and loss of momentum. The introduction of revised legislation to strengthen the principles of partnership working and secure the continued participation of all partners is welcome.

Question 2 - Do you feel that statutory Quality Partnerships as defined in the Transport (Scotland) Act 2001 provide the right framework for partnership working?

Please answer Yes ☐, or No X.

Please explain your answer to this question:-

The absence of successful SQPs strongly suggests that current legislation has failed to deliver its intended result. There is an overly bureaucratic process that has stifled the desire of local authorities to pursue SQPs despite perceived shortcomings of the local bus network. The flexibility of the SQP is relatively limited and does not usefully extend to agreements on frequency, routes and fares. In this respect a new framework for partnership working could deliver more. It is also noted that the expectation on the transport authority to invest in and deliver improved bus infrastructure has also inhibited the use of SQPs as a tool during a prolonged period of financial constraint.

Question 3 – Do you agree with our proposals for Service Improvement Partnerships?

Please answer Yes ☐, or No X.


The proposals for the creation and use of Service Improvement Plans appear to be complex and start on the basis that through a joint review of the local bus network, a shared understanding and common ground will be found between partners. While a shared ambition of improved bus services, higher levels of passenger satisfaction and increased patronage will be common to all partners, the measures to be adopted to achieve that goal will be debated. If the intention of the legislation is to give greater power to transport authorities to shape the local bus network in their communities (in order to address issues of congestion, air quality, connectivity and social isolation) then the balance of power within the partnership should be tipped in favour of the transport authority.

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Transport authorities may not have the capacity to undertake the preparatory work required to deliver a Service Improvement Plan (SIP) or lead a joint review and analysis of a multi operator bus network and then develop a draft Improvement Scheme. Where resources are required and costs incurred, these must be shared equitably among partners. This should give partners greater ownership over the SIP and lessen the likelihood of the operators expressing a negative view of the Improvement Plan and Scheme. As the proposals stand, with the transport authority being the lead partner in its drafting, it is possible and likely that bus operators may perceive the SIP as a restriction or imposition on their commercial freedom and may be disinclined to give it their support. In summary, there is concern that the approach described in the proposals sets too much responsibility/burden/risk with the transport authority and as a consequence SIPs would suffer the same fate as SQPs and simply be left on the shelf.

Question 4 – If a new form of statutory Partnership is introduced, do you agree that statutory Quality Partnerships as defined in the Transport (Scotland) Act 2001 should be replaced (i.e. they would no longer be available as a tool for LTAs)?

Please answer Yes X, or No ☐


If a new partnership framework is delivered by legislation it would seem appropriate that it replaces the SQP as defined in the 2001 Act.

Local Franchising Question 5 – Do you agree that local authorities should have the power to franchise bus services (either via Quality Contract or another system)?

Please answer Yes X, No ☐.


The Transport Authority’s control and influence over the shape of the local bus network should be strengthened. Dundee has a commercial operating environment with bus operators competing to offer their services to a healthy bus market. However, even in a city with low levels of car ownership and no rail or tram network, the bus provision is perceived as inadequate by many - and there is desire for better. Franchising may be seen as a way to bundle the profitable routes with the socially necessary routes that don’t make profits. Cross subsidy, through franchising, could see a more equitable service being delivered across the city. An alternative to franchising, but still giving the transport authority greater powers to shape bus services would be the ‘power to direct’ bus operators to incorporate changes into their commercial networks. It is proposed that further work should be undertaken to consider how legislation can be drafted to offer transport authorities the powers to have input into the routes and frequencies of commercial services without the need for the full franchising model. This approach may allow bus operators to continue their general control of commercial activity while giving some of the design responsibility away to the transport authority and community. Effectively, ‘a strings attached’ commercial environment.

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Question 6 – Do you agree that the existing Quality Contracts require change to make franchising a more viable option?



The absence of QCs in Scotland would strongly suggest that the power to franchise bus services must be reformed. Before a transport authority embarks on what would prove to be a very challenging and resource intensive journey, it must have confidence that the destination can be reached. The current Quality Contract legislation is so protracted and subject to challenge that it is unsurprising that transport authorities have not used this power to take franchising forward.

Question 7- Considering the information on our proposal on pages 32-36 Question 7(a) – Do you think that there should be any consent mechanism for an authority to begin the process of assessment for franchising?

Please answer Yes ☐, or No X


No, we take the view that transport authorities should be free to assess for franchising without seeking external consent. Approval through committee (elected members) would be an appropriate form of consent.

Question 7(b) – Do you think that there should be a requirement for independent audit of the business case for franchising?

Please answer Yes X , or No ☐.


There is value in an independent review of any assessments but we would observe that the delivery of better bus services cannot simply measured in patronage numbers or revenue taken. There are many factors that are difficult to quantify and are contestable – increased social connectivity and tackling social isolation, improved air quality, fairness, sense of pride in a city and its bus network, improved communications. We would question the merits of undertaking an assessment of an outline business case that would seek only to measure empirical data without quantifying the measure of change that might be realised through a new delivery model.

Question 7(c) – Do you think that there should be an approval process beyond that of the local authority itself, before franchising can take place?

Please answer Yes ☐, or No X. Please explain your answer to this question including (if yes) what kind of approval process:-

We take the view that further scrutiny and approval is not required and that this additional stage would prove to be an unnecessary impediment in delivering local franchising. The report of any independent audit, including costs and risks, would be shared with elected members responsible for taking any decision to franchise a bus network.

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Transport Authority Run Bus Services Question 8(a) – Do you think that transport authorities (including ‘model III’ RTPs) should be able to directly run bus services?



We believe unambiguous legislation in this area is welcome.

Question 8(b) – Please describe the circumstances in which this might be appropriate:-

There are areas of Dundee, that bus operators have made clear can no longer be offered a commercial service. The power to run bus services would give the transport authority the opportunity to fill the gaps in a commercial market with its own in-house fleet of vehicles and achieve better value for money than can be achieved through procurement of bus services from a limited marketplace.

Question 8(c) – What, if any, safeguards do you think should be put in place to ensure that no operator has an unfair advantage in a deregulated market? Please explain your answer to this question:-

No further safeguards are required. It should be assumed that a transport authority will only act in the best interest of its passengers.

Question 9(a) – Do you think that transport authorities (including ‘model III’ RTPs) should be able to set up arm’s length bus companies to operate local bus services?



It is difficult to envisage the establishment of an arm’s length bus company by a transport authority from scratch but it is possible that a bus operator becomes available for purchase and the transport authority should not be denied the opportunity of acquiring that operator.

Question 9(b) – Please describe the circumstances in which this might be appropriate:-

Were an existing bus operator to become available for purchase, it would be appropriate for the transport authority to view itself as a potential purchaser.

Question 9(c) – What if any safeguards do you think should be put in place to ensure that no operator has an unfair advantage in a deregulated market?

No safeguards are required. It should be assumed that a transport authority will only act in the best interest of its passengers.

Question 9(d) – What, if any, checks and balances do you think should be put in place for a transport authority looking to set up an arms’ length company to run buses? Please explain your answer to this question.

A transport authority would have its own checks and balances undertaken by its internal auditors, senior managers and its elected members and there is no requirement for further external scrutiny of the transport authority’s decision.

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Open Data Question 10 – Do you agree with our proposals to require the operators of local services to release open data on routes, timetables, punctuality and fares in a specified format?



Route and timetable information is already required as part of the registration process and it would seem appropriate to ensure that this information is readily available to all parties. Punctuality data is not currently readily available and we would like to see this made publicly available in a format that distinguishes between services and time periods. 78% of Service 7 journeys arrive at timing point X on time (AM Peak) 90% of Service 7 journeys arrive at timing point Y on time (Sundays) Fares data is again generally available but there is merit in ensuring that this is a mandatory requirement placed on bus operators.

Question 11 (a) – Do you think that data provided by operators should be stored in a central data hub?



This information should be stored centrally but must also be made available locally at the request of the transport authority.

Question 11(b) – if you do not support the use of a central data hub how do you think data should be stored/ made available? :-

Question 12 – Do you support proposals for transport authorities to have the power to obtain, information about revenue and patronage of services being deregistered, and where appropriate disclose this as part of a tendering process?



This requirement has already been agreed in a code of good practice associated with the legislative changes to the registration process that were introduced in January 2016 but further work need to be undertaken to clarify the detail and agree the quality of information that is provided to transport authorities and the timescales for when this information should be provided. Making this a mandatory requirement through legislation would be beneficial.

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Other Question 13 – Please provide any other comments or proposals around the regulation of bus services in Scotland that were not covered in the above questions.

We are concerned that as the proposals stand, there is a risk that legislation will repeat the mistakes of the 2001 Act and introduce powers that are not used by transport authorities because they are simply too time-consuming and risky to embark upon. We support those elements of the proposals that seek to shift the balance of power of decision making towards the transport authority. The 1985 Transport Act and the bus operating environment it created is not capable of delivering the full range of public transport services that a city like Dundee needs. As demand for bus declines, often due to reasons that are outwith the control of bus operators, the commercial market is contracting and concentrating only on profitable routes and gaps in the wider bus network increase. The socially necessary services, funded by the public sector, are also contracting as transport authority budgets are reduced. There are profits to be made in delivering bus services but there is a perception that these are not being used to support the communities from which those profits are made. New legislation should be designed to give bus operators the opportunity to develop their service offering with the support of transport authority partners and without leaving some in our communities feeling isolated or left behind by the bus service.

Impacts Equality In creating a consistent approach to improve bus services in Scotland the public sector equality duty requires the Scottish Government to pay due regard to the need to:

eliminate discrimination, victimisation, harassment or other unlawful conduct that is prohibited under the Equality Act 2010;

advance equality opportunity between people who share a protected characteristic and those who do not; and

foster good relations between people who share a relevant protected characteristic.

These three requirements apply across the ‘protected characteristics’ of:

age;

disability;

gender reassignment;

marriage and civil partnership;

pregnancy and maternity;

race;

religion and belief; and

sex and sexual orientation. At this early stage in our planning for improving bus services in Scotland it is difficult to determine whether significant effects are likely to arise and the aim of the Scottish Government is to use this consultation process as a means to fully explore the likely equality effects, including the impact on children and young people. Once completed the Scottish Government intends to determine, using the consultation process, any actions needed to meet its statutory obligations. Your comments received will be used to complete a full Equality Impact Assessment to determine if any further work in this area is needed. Question 14 - Are there any likely impacts the proposals contained within this consultation may have on particular groups of people, with reference to the ‘protected characteristics’ listed above? Please be as specific as possible

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Elderly, Disabled, Women, Young People, Low Income Groups. The decline of the wider bus industry and the contraction of the commercial and supported bus networks will disproportionately impact on the more vulnerable members of our communities who are often most reliant on good bus services.

Question 15 - Do you think the proposals contained within this consultation may have any additional implications on the safety of children and young people? If yes, what would these implications be? Please be as specific as possible

No

Business and Regulation In our work to improve bus services a Business and Regulatory Impact Assessment will analyse whether the policy is likely to increase or reduce the costs and burdens placed on businesses, the public sector and voluntary and community organisations. Question 16 - Do you think the proposals contained in this consultation are likely to increase or reduce the costs and burdens placed on any sector? Please be as specific as possible.

Clearly, if taken forward, there will be a significant impact on the bus industry and create new burdens and costs.

Privacy We need to ascertain whether our proposals for improving bus services in Scotland may have an impact on the privacy of individuals. Question 17 - Are there any likely impacts the proposals contained in this consultation may have upon the privacy of individuals? Please be as specific as possible.

No

Environmental The Environmental Assessment (Scotland) Act 2005 ensures those public plans that are likely to have a significant impact on the environment are assessed and measures to prevent or reduce adverse effects are sought, where possible, prior to implementation. Question 18 - Are there any likely impacts the proposals contained in this consultation may have upon the environment? Please be as specific as possible.

A healthy bus network will support modal shift away from car and towards bus. This will have positive effects on climate change and local air quality.

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10 Report No 436-2017

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ITEM No …8….…….. REPORT TO: CITY DEVELOPMENT COMMITTEE – 11 DECEMBER 2017 REPORT ON: DUNDEE CENTRAL WATERFRONT SITE 6 OFFICE DEVELOPMENT REPORT BY: EXECUTIVE DIRECTOR OF CITY DEVELOPMENT REPORT NO: 432-2017 1 PURPOSE OF REPORT

1.1 This report describes the procurement and tendering process utilised for the Dundee Central Waterfront Site 6 Office Development and seeks a decision on the acceptance of the tender price and allowances.

2 RECOMMENDATION

2.1 It is recommended that the Committee

a approves the acceptance of the tender price submitted by Wilmott Dixon Construction Limited in the amount of £14,069,045 with allowances amounting to £1,430,955 giving a total cost of £15,500,000

b note that the start date of the project is January 2018 with a construction completion

date of February 2019.


3.1 The total projected cost for the Dundee Central Waterfront Site 6 Office Development is estimated to be £15,500,000. The Executive Director of Corporate Services has confirmed that these costs can be contained within the Central Waterfront budget in the Work and Enterprise Section of the Capital Plan 2018-2023. The funding for the project is available as part of the Growth Accelerator Fund granted from Scottish Government and Prudential Borrowing from income received from leasing the commercial units within the building.

4 BACKGROUND

4.1 Reference is made to Article XVI of the meeting of the City Development Committee of 22 August 2016 when the Committee

a noted the progress being made on securing new development within the Waterfront area.

b agreed to enter into a Scape stage 1 agreement to prepare design proposals for the development of Site 6 and submit these for detailed planning consent

4.2 Reference is also made to Article VIII of the meeting of the City Development Committee of 24 April 2017 when the committee agreed to remit the Executive Director of City Development to enter into a Delivery Agreement to procure the construction of the Dundee Central Waterfront Site 6 Office Development from Wilmott Dixon Construction Limited under the Scape Framework with the performance obligations of the contract sub-contracted to Robertson Construction Group Limited.

4.3 The works comprise the construction of a five floor development consisting of Grade A office development with ground floor commercial units with associated service yard area and dedicated car parking spaces.

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4.4 Using the Scape Framework, the specification and design for the new facilities building was

produced by Robertson Construction design consultants and the tender price built up using open book tendering for all work packages, with contractually fixed management fees, overheads and profit for the lead contractor. The lump sum tender price was 100% market tested, with 51 individual work packages issued to 687 potential sub-contractors.

4.5 In this contract, Robertson Construction and all sub-contractors (and the sub-contractors' sub-contractors) will pay the Living Wage as a minimum to all employees employed on site. The Living Wage, as recognised by the Poverty Alliance is currently £8.75 per hour (from 1 November 2017) and will increase annually each year in the first week of November.

4.6 The total projected cost of the Dundee Central Waterfront Site 6 Office Development is made up as follows –

Construction Sum £13,167,881 External Design Fees £863,247 Surveys £37,917

Lump Sum Tender Price £14,069,045 Allowances for

Professional Fees £470,923 Statutory Fees and Warrants £37,791 Utility Supplies & Connections £56,000 Contingency Provision £866,241 £1,430,955

£15,500,000

4.7 The Executive Director of Corporate Services has confirmed that these costs can be contained

within the Central Waterfront budget in the Work & Enterprise section of the Capital Plan 2018-2023.

4.8 The proposed start date for the project is January 2018 with a construction completion date of February 2019.

4.9 Dundee City Council’s Community Benefits Through Procurement Policy seeks to maximise economic and social benefits from Council procurement within the current legal framework through the inclusion of Community Benefits on all applicable contracts. The Scape Framework also requires Community Benefits to be realised, and has achieved the following commitments for this contract:

Community Benefit Area Target Source

Supplier Development

Percentage of Spend (allocated locally)

Contract Spend within 10 miles 20% Scape



Supplier Development Events 2 DCC

Employment and Skills

Local Labour Monitoring Monitor Only

DCC

New Start Employment Opportunities 9 Scape

Apprentices (Project Initiated) 3 DCC

Work Experience (School & Post School) 5 DCC

Awareness Raising/Curriculum Support Events 12 DCC

Awareness Raising – Individuals Supported on site (ie visits) 10 DCC

Awareness Raising – Individuals supported on offside activity 110 Scape

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4.10 The awareness raising activity for this project will include relevant talks to college, schools and

other relevant groups. Monitoring of the above commitments and targets will be carried out with the lead contractor by Dundee City Council’s Community Benefits Officer and will be reported as part of the overall Community Benefits updates to Committee on a regular basis and to project groups as required.



6 CONSULTATIONS


7 BACKGROUND PAPERS

7.1 None

Mike Galloway Fergus Wilson Executive Director of City Development Head of Design & Property

FW/NM/MS 28 November 2017 Dundee City Council Dundee House Dundee

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city development committee - dundeecity.gov.ukpub).pdf · item no …3….…….. report to: city...

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