Agenda and minutes

CAMPSBOURNE PRIMARY SCHOOL PHASE 2 - EXTERNAL ENVELOPE,, Cabinet Member Signing
Thursday, 23rd December, 2021 10.30 am

Media

Items
No.	Item
83.	Apologies for absence To receive any apologies for absence. Additional documents: Webcast for 83. Minutes: There were no apologies for absence.
84.	Declarations of interest A member with a disclosable pecuniary interest or a prejudicial interest in a matter who attends a meeting of the authority at which the matter is considered: (i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and (ii) may not participate in any discussion or vote on the matter and must withdraw from the meeting room. A member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Register of Members’ Interests or the subject of a pending notification must notify the Monitoring Officer of the interest within 28 days of the disclosure. Disclosable pecuniary interests, personal interests and prejudicial interests are defined at Paragraphs 5-7 and Appendix A of the Members’ Code of Conduct Additional documents: Webcast for 84. Minutes: None.
85.	Campsbourne Primary School Phase 2 - External Envelope, Boundary Works and Window Replacement - Construction Works Contract Award PDF 341 KB View the background to item 85. Additional documents: Late Business Sheet - Legal Comments , item 85. PDF 111 KB Webcast for 85. Minutes: The Cabinet Member for Children, Education and Families considered the report which sought approval for an award of a contract to carry out external envelope, boundary works and window replacement at Campsbourne Primary School, and to approve issuance of letter of intent. It was noted that the legal comments in the original published report had been amended and now read (amendments in bold): 8.3. Legal 8.3.1. The Head of Legal and Governance (Monitoring Officer) has been consulted in the preparation of the report. 8.3.2. The contract which the report relates to has been procured under the London Construction Programme Framework Agreement (Education and Leisure lot 2.1b North £1m-£5m). The use of a Framework Agreement is compliant with the Public Contracts Regulations 2015 (Reg 33) and the Council’s Contract Standing Orders (9.01.2 (f) (carrying out a mini-competition under a framework agreement). 8.3.3. Because of the value of this contract, it would normally be approved by Cabinet. In-between meetings of the Cabinet, a Cabinet Member has power under CSO 16.02 to approve a decision which would normally be taken by Cabinet, providing that the Leader has allocated the decision to the Cabinet Member. The Cabinet Member with the relevant portfolio is the Cabinet Member for Children, Education and Families. 8.3.4. The Cabinet Member for Children, Education and Families also has power to approve the issuance of a letter of intent up to £100,000 or 10% of the contract value, whichever is higher. 8.3.5. The award of this contract is over £500,000 and is therefore a Key Decision and as such must comply with the Council’s governance requirements in respect of Key Decisions (including publication in the Forward Plan) (see CSO 9.07.1(e). 8.3.6. The Head of Legal and Governance (Monitoring Officer) sees no legal reasons preventing the Cabinet Member for Children, Education and Families from approving the recommendations in the report. RESOLVED that the Cabinet Member 1. Approve an award of contract to Contractor A up to a value of £1,683,722.59, pursuant to Contract Standing Order 16.02. 2. Approve a client construction contingency of 10% that equates to £168,372.26, which will be strictly managed under change control governance arrangements. 3. Approve the issuance of a letter of intent for up to 10% of the contract value, totalling £168,372.26. Reasons for decision A competitive tender for Phase 2 was issued to London Construction Programme Major Works 2019 Framework Education and Leisure Lot 2.1b North. Three tenders were received on 1 October 2021 (See Part B report). These works were originally approved on 9 November 2021 but has since changed due to circumstances outlined in Part B of this report. Two tenders were evaluated on 60% cost and 40% quality with all bids meeting the minimum quality criteria. On this basis, this report seeks approval to award the contract to the successful bidder (Contractor A) as outlined in part B of this report. The scheme for Campsbourne Primary School was developed into 2 phases. Phase 1 sought to meet the criteria for Public Sector Decarbonisation ... view the full minutes text for item 85.
86.	Exclusion of the Press and Public Item 5 is likely to be subject to a motion to exclude the press and public from the meeting as it contains exempt information as defined in Section 100a of the Local Government Act 1972 (as amended by Section 12A of the Local Government Act 1985); paras 3 and 5, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. Additional documents: Webcast for 86. Minutes: RESOLVED that the press and public be excluded for the consideration of agenda item 5 as it contained exempt information as defined in Section 100a of the Local Government Act 1972 (as amended by Section 12A of the Local Government Act 1985); paras 3 and 5, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
87.	EXEMPT - Campsbourne Primary School Phase 2 - External Envelope, Boundary Works and Window Replacement - Construction Works Contract Award View the reasons why item 87. is restricted View the background to item 87. Minutes: The Cabinet Member considered exempt information pertaining to the report.