Independent Certifier for Birmingham Highways PFI Project

Birmingham City Council and Birmingham Highways Limited are running a joint procurement process using the restricted procedure under the Public Contracts Regulations 2015 in order to procure an independent certifier for the Birmingham Highways PFI Project.

The independent certifier will be required to perform all the functions and obligations attributed to the Independent Certifier in respect of the a project agreement entered into by Birmingham City Council and Birmingham Highways Limited in relation to the Birmingham Highways PFI Project ("Project Agreement") (and related documents).

It is envisaged that this procurement process will run in parallel with the procurement of a replacement operating subcontractor for the Birmingham Highway PFI Project for the rehabilitation, operation and maintenance of the highways network infrastructure in the City of Birmingham, which runs until June 2035 (previously advertised via a contract notice published on 14 February 2022, and with reference 2022/S 000-004207). The contract between the replacement operating sub-contractor and Birmingham Highways Limited will largely be a back-to-back flow down of the Project Agreement.

At a high level, the duties and obligations are anticipated to include:

• Initial Services: standardised works which will be carried out periodically including, for example (but not be limited to) assessing the performance of Birmingham Highways Limited in respect of achieving the relevant condition targets in accordance with the Project Agreement (and related documents); (ii) an auditing role in relation to the design and implementation of the street light schemes. The services undertaken for which the audits are required include but are not limited to: inspections of structures; replacement of street lighting, traffic signal controllers and other powered apparatus; and pavement interventions. The auditing role would be based on a review of a specified percentage of the works to be undertaken within each contract year.
• Variable Services: variable tasks and differing/additional services may also be requested on an ad hoc basis. This may include, by way of example, (i) the inspection and certification of the completion of carriageway schemes, footway schemes and traffic signal installations including, based on a visual inspection of the completed scheme, the production of a list of any minor snagging issues; (ii) undertaking additional monitoring of design compliance (should, for example, the initial percentage based review find errors and for the review of special reports or events), (iii) certifying structural works; (iv) services relating to handback; and (v) assistance with dispute resolution.