Annex 19

For our asset support contracts (ASC), the ASC Service Information Annex 23 sets out the contractual obligations on the Provider with regard to information provision.  The pertinent clauses in the Service Information annexes for this contract are Clauses. 23.3 and 23.4.  I attach a copy of the Area 9 ASC, Annex 23 for ease of reference.

Below is an extract of the Conditions of Contract, Clause 43 (again, taken from the ASC for Area 9) which states:

The Provider keeps detailed records relating to the Area Network, the Traffic Technology Systems (Midlands) and the Services (including performance levels in the Area Network and the Traffic Technology Systems (Midlands), the Defined Cost of Providing the Services and records relating to Subcontractors) in the format and containing the details and for the period specified in the Service Information. The Provider makes the records available to the Employer and his representatives (including the Service Manager) on request.

The report received is as required by Annex 19:

Third Party Claims handled by the Provider Service Information Chapter 1.9 & Annex 23 Report detailing, for each claim:

  1. the amount claimed from third parties,
  2. a calculation of Defined Cost and resulting Third Party Claims Overhead,
  3. the amount recovered,
  4. an explanation of any differences between any of these amounts, and
  5. explanation of why any loss greater than Defined Cost has been claimed.

As required by the Employer

Annex 19 reports are usually required on a quarterly basis. With our recent asset delivery (AD)contract, Highways England (HE) deal with all damage to crown property and the recovery of costs, so there is no threshold below which the contractor takes responsibility for recovery and no requirement to produce specific records. To assist us, the Maintenance and Response (M&R) contractor is required to collect details to support HE in recovery repair costs. The extract below is from the M&R contract requirements:

E3.1.4. On attending any incident which may give rise to a Green Claim, the Contractor takes all necessary steps to record the incident circumstances, the name, address, vehicle particulars and insurance details of the driver responsible, the damage and the repair. The Contractor issues a completed form TR430 to the Service Manager within 28 days of the incident. The TR430 form must be completed to the correct standard in order to be accepted by the Service Manager.

E3.1.5.  Each completed form TR430 issued by the Contractor must be accompanied by a copy of the Police or Traffic Officer’s report on the accident and an estimate of the cost of relevant repair which must include the cost of any Employer’s Stocks, where the repair can be undertaken by the Contractor. The Contractor provides such breakdowns and supporting information, to justify the cost of repair, including the cost of any Employer’s Stocks, as the Service Manager may reasonably require.

E3.1.6. The Contractor retains records of all of the information sent to the Service Manager and/or Green Claims Branch together with correspondence with the public, records of work, maintenance carried out, any discussions of maintenance problems with the Employer and/or the police and other information or documentation prepared by the Contractor relating to Green Claims. Such records are to be held for a period of not less than six years from the date of issue. Unless instructed otherwise by the Service Manager, the Contractor passes a copy of the records to the Incoming Contractor in a readily accessible format, including the relevant software licenses.

A copy of TR430 form is also attached for your information

full response here: