Eamonn Fottrell Centre (Michael Tippett Annex)

Cabinet Member delegated decision
Decision Due: 13 May 2015
Phase A: Eamonn Fottrell Centre (Michael Tippett Annex) Phase B: Michael Tippett
School Campus’
Ward: Herne Hill
Report Authorised by: Strategic Director Delivery: Sue Foster
Portfolio: Councillor Imogen Walker, Deputy Leader (Policy)
Contact for enquiries:
ARob2@lambeth.gov.uk
Abdul Rob, Assistant Project Manager, BGR – Delivery Cluster, 020 7926 9186
Report summary
This waiver report seeks authorisation to award the contractors Bolt & Heeks Ltd the contract for
the Remodelling of Michael Tippet SEN School Main Site and Annex. The school is expected to
be ready by October 2015. This is in line with the goals and aspirations of the Business, Growth
and Regeneration cluster of the Council.
The report details the procurement route followed, the market segment targeted, the e-tendering
process and the results of the process.
The main construction contract for works at Michael Tippet SEN School involves an extensive
remodelling of the main site at Heron Road and remodelling of Eamonn Fottrell Centre at Weir
Road formerly a disused NHS site.
Finance summary
The overall budget included in the Capital Programme as presented at Asset Management
Cabinet Advisory Panel (AMCAP) in January 2015 is set out in part 2 of the report.
This report seeks approval to appoint Bolt & Heeks Ltd as contractors for the remodelling of the
Michael Tippet main site and remodelling Eamon Fottrell Centre known as the Annex for the
contract sum of £1,220,425.34 plus a client held contingency as specified in part 2 of the report.
The tender sum of £1,220,425.34 plus the client held contingency, and professional consultancy
fees and other charges are all covered within the overall budget agreed for the project.
The capital cost code allocated for this project is 915358.
Recommendations
1. That Bolt & Heeks Ltd be awarded the contract in the amount of £1,220,425.34 for the
Michael Tippet SEN School project.
2. That a client-held contingency is approved, details of which are included in Part 2 of this
report.
Reason for Exemption from Disclosure
The accompanying part II report is exempt from disclosure by virtue of the following
paragraphs of Schedule 12A to the Local Government Act 1972:
Information relating to the financial or business affairs of a particular person. (Including
the authority holding that information).
1.
Context
1.1 There is no Gateway 2 report for this specific project; At the time, this project was
progressed without a Gateway 2 report due to tight deadlines, therefore this report is a
waiver.
1.2 The children attending The Michael Tippett School have a wide variety of needs including
Severe Learning Difficulties, Profound and Multiple Learning Difficulties, Austistic
Spectrum Disorder, Epilepsy and other specific medical needs.
1.3 The Michael Tippet Annex project was the redevelopment of the disused NHS Eamonn
Fottrell Centre to provide facilities that will support students in bridging the gap between
the school environments to a more independent world. The budget for the Michael Tippet
Annex is £622,750.00.
1.4 During the design stage of the Annex, the Borough wide review of SEN education was
published that identified changes in the delivery of teaching and learning to SEN pupils.
The school raised concerns that the delivery of services at the Annex could not be done in
isolation to changes proposed at the main school site.
1.5 The Lambeth SEN consultant reviewed the project brief and recommended that the
buildings (the annex and the main building) must be modified to allow better integration of
support services and bring in the change in the delivery of teaching and learning to the
pupils.
1.6
As a result of the review, this increased the scope of the project brief to include
remodelling works at the main school site in Heron Road along with the original Annex
works at Weir Road.
The budget for the remodelling works are estimated at £965,000.00.
The combined budget for main site and annex is £1,587,750.00
1.7
1.8
2.0
The Michael Tippett Annex will be a new facility that will provide a secure environment for
up to 20 students with the most challenging behaviours supported by a multi-disciplinary
team to assess students and implement individual programmes together with opportunities
for respite care.
The Annex was being developed to provide facilities that would support the students
bridge the gap from a school environment to a more independent world by preparing them
for social interaction and providing core skills of numeracy and literacy along with
vocational skills.
Proposal and Reasons
2.1
The Project involves the extensive remodelling of Michael Tippet SEN School Main Site
and Annex and is to be contracted on a JCT Standard Building Contract without
Quantities, without Contractor’s Designs 2011, incorporating client ammendments.
Tenders submitted against a priced schedule of works, specifications and other relevant
information.
2.2
The Tender Documentation was sent Electronically using EU-Supply to the following 6
contractors, all of whom were drawn off the Construction Line Suppliers list and
indicated a willingness to tender, with a tender return due date of 27/03/2015.
1. Bolt & Heeks Ltd
2. HA Marks Limited
3. Lambourn contracts ltd
4. Lengard Limited
5. ME Construction Ltd
6. Sherman and Co (Ealing) Ltd
2.3
One bidder failed to submit a tender by the due date, subsequently advising this was
due to other commitments and workload pressure. Five bids were returned by the due
date, however two bids were discounted due to incomplete tender returns.
2.4
The Contract is to be awarded on the Most Economically Advantageous Tender (MEAT)
on a price/quality ratio of 50:50. This criteria was selected with a mind of the importance
placed on the cost given the prevailing economic conditions and the similar importance
of selecting a contractor with appropriate experience and resources to undertake a high
cost/short programme delivery in a live school environment. A 50% cost and 50% quality
criteria recognised the balance of these two important considerations.
2.5
Each tenderer’s price was analysed and evaluated by Potter Raper Partnership (cost
consultants) on the basis of individual scores from the available 50% ratio in relation to
the Lowest Priced Tender. Any anomalies or omissions were highlighted and tenderers
were asked to confirm and clarify their bid in each case.
2.6
Bolt & Heeks Ltd received the highest scores on the written Quality submission, a total
score of 44.25% out of the total 50% maximum in this section and received highest score
on Price submission, a total score of 50% out of the total 50% maximum in this section.
The total score for Bolt & Heeks Ltd for both price and quality is 94.25%.
3.0
Finance
3.1
The overall budget for the Michael Tippett Project as reflected on the CIP is £1.1m. A
budget of £488k will be transferred from the SEN (60 of 70 additional places) project
budget with project code 915358 and an available budget of £6.5m. The transfer will
bring the overall budget for the Michael Tippett project to £1.588m which is enough to
accommodate the construction cost of £1.22m which is the subject of this report.
4.0
Legal
4.1
The Council has delegated the authority to enact this report’s recommendations to the
Relevant Cabinet Member in consultation with the Leader. Before exercising that
authority, the approval of the Procurement Board should be obtained.
4.2
Pursuant to the Contract Standing Orders, contracts valued at £100,000 and more must
be competitively tendered and this report sets out how this condition has been complied
with. The Orders also approve of candidates for works contracts being sourced from
Constructionline.
4.3
The EU procurement regime applies to this tendering exercise by virtue of the Public
Contracts Regulations 2006. Under the regulations, contracting authorities must publish
a contract notice in OJEU only if the estimated value of the works contract exceeds
£4,348,350. The European Commissioners advise that all contracts should be
competitively tendered to provide fairness and transparency, and to ensure that there is
no discrimination against an applicant from another EU member state.
4.4
Provisions in the Local Government Act 1988 oblige the Council to provide a written
explanation to any person who has been excluded from a list of persons entitled to
tender for work to the Council or has not been awarded work for which they tendered
within 15 days of a written request to do so.
Democracy
4.5
This proposed key decision was entered in the Forward Plan on 28/04/15 and the
necessary 28 clear days notice has been given. In addition, the Council’s Constitution
requires the report to be published on the website for five clear days before the proposed
decision is approved by the Cabinet Member. Any representations received during this
period must be considered by the decision-maker before the decision is taken. A further
period of five clear days - the call-in period – must then elapse before the decision is
enacted. If the decision is called-in during this period, it cannot be enacted until the callin has been considered and resolved.
5.0
Consultation and co-production
5.1
Consultation has been held with key stakeholders including the School Headteacher and
Management Team, the Governing Body resulting in formal sign-off at relevant design
stages.
In addition, statutory consultation with the Planning Department has taken place and
planning documents were submitted on 3rd February 2015.
6.
Risk management
Risk
Changes to employer’s
requirements
impacting on cost and programme
Discovery of unidentified asbestos
Activities arranged by Schools that
affect running of works contract
Health & Safety risks and issues for
construction site operatives pupils &
staff during the construction phase.
Contractor does not perform as
required
per contract to programme and cost.
Risk
Rating
High
Countermeasure
Review Contractor’s Proposals and sign-off
with
School. Client held contingency to cover
additional design development variation
items. Additional time contingency to cover
programme.
High
Mitigate with contractor pricing for programme
risk.
Client contingency for cost impact.
Medium Consultation with schools on planned
activities and potential impact on construction
programme.
High
The Contractor to provide an approved
Construction Health & Safety Plan to be in
place
before works commence on site. Mutual
agreement on phasing and CDM monitoring
regime.
Medium Management of contract by the appointed
contract administrator and Client PM to
ensure
contractor delivery. Liquidated damages in
place
to cover contractor delays..
7.0
Equalities impact assessment
7.1
No Equalities Impact Assessment of this specific Contract has been undertaken, but a
programme-wide assessment of the department’s capital projects was undertaken in an
overall low assessment.
8.
Community safety
N/A
9.
Organisational implications
Community Benefits
There is an opportunity for the Annex to provide a valuable community facility either
stand alone or through links with WERA. There are catering facilities, mainly expected to
be for serving rather than a working kitchen and a flexible main space on the ground
floor with smaller rooms that could be used for events, surgeries, workshops etc.
Apprenticeships
As part of the initial tender submission Bolt & Heeks Ltd had to demonstrate they comply
with LBL requirement on apprenticeships.
Bolt & Heeks Ltd have confirmed that they have apprenticeships scheme planned for this
project.
Living Wage
As part of the initial tender submission Bolt & Heeks Ltd had to demonstatrate they
comply with LBL requirement on London Living Wage.
Bolt & Heeks Ltd have confirmed that they pay London Living Wage to their
staff/operatives and will ensure their sub-contractor(s) comply with clients requirements.
a.
Environmental
N/A.
b.
Staffing and accommodation
N/A.
c.
Procurement
N/A.
d.
Health
N/A.
10.
Timetable for implementation
No
Item Description
Date
1
Procurement Board meeting
23/04/2015
2
Appoint Contractor
21/05/2015
Commence works – Annex
26/05/2015
Commence works – Main Site
01/06/2015
Practical Completion – Annex
02/10/15
Practical Completion – Main Site
02/10/15
End of defects period and release of retention sums
28/10/2016
3
4
5
10.1.1 The contract administration services including valuations, certification and cost
monitoring will be provided by Potter Raper Partnership in accordance with the terms of
their consultancy agreements. Lambeth’s BGR Programme Manager and Design Team
will attend regular site meetings, make regular quality visits, and hold regular progress
meetings, the outcomes of which will be reported to the monthly BGR Programme review
meetings.
Audit trail
Consultation
Name/Position
Sue Foster
Mike Pocock
Alan Fleming
Peter Dawes
Finance clearance –
Solomon Akuffo
Legal clearance – Michael
O’hora
Democratic Services
clearance – Henry Langford
Councillor Imogen Walker
(Policy)
Procurement Board
Lambeth
cluster/division or
partner
Strategic Director –
BGR Delivery
BGR Delivery Director
BGR Programme
Director
BGR Delivery Lead
Business Partnering
Date Sent
Date
Received
Comments in
para:
29.4.15
1.5.15
cleared
17/04/15
08/04/15
23/04/15
08/04/15
Throughout
Throughout
08/04/15
09/04/15
08/04/15
15/04/15
Throughout
3
Enabling: Integrated
09/04/15
Support: Legal Services
Enabling: Corporate
09/04/15
Affairs: Democratic
Services
Cabinet Member:
17/04/15
10/04/15
4
13/04/15
4
28/04/15
Throughout
Procurement Board
Members
23/04/15
Report history
Original discussion with Cabinet Member
Report deadline
Date final report sent
Report no.
Part II Exempt from Disclosure/confidential
23/04/15
15/09/14
23/04/2015
N/A
Yes
accompanying report?
Key decision report
Date first appeared on forward plan
Key decision reasons
Background information
Appendices
Yes
28/04/15
Expenditure, income or savings in excess of
£500,000
N/A
APPROVAL BY CABINET MEMBER OR OFFICER IN ACCORDANCE WITH SCHEME OF
DELEGATION
I confirm I have consulted Finance, Legal, Democratic Services and the Procurement
Board and taken account of their advice and comments in completing the report for
approval:
Signature ______________________________________ Date ________________
Post
Abdul Rob
Assistant Project Manager
I confirm I have consulted the relevant Cabinet Members, including the Leader of the
Council (if required), and approve the above recommendations:
Signature ______________________________________ Date ______________________
Post
Councillor Imogen Walker
Deputy Leader (Policy)
Any declarations of interest (or exemptions granted):
Issue
Interest declared