Meeting documents

Cabinet
Wednesday, 7th February, 2007

APPENDIX 3

MAJOR PROJECTS AND EXTERNAL BODIES

OVERVIEW & SCRUTINY PANEL - INFORMAL MEETING

TUESDAY 16TH JANUARY 2007

PRESENT:- Councillors: Charles Gerrish (Chairman), John Bailey, Brian Barrett, Nigel Roberts and Rosemary Todd.

OFFICERS: Mary Sabina Stacey (Combe Down Stone Mines Project Leader), Alan Harold (Operations Manager, Combe Down Stone Mines), David Langman (Major Projects Team Manager) and John Wighton (Financial Manager)

1. COMBE DOWN STONE MINES PROJECT - AWARD OF CONTRACT

The Combe Down Stone Mines Project Leader gave a presentation to the Panel regarding this item. She explained that 4 contractors had been given the opportunity to bid for the works. The tender was issued as a proposal that the works should be split into 3 packages (A+B+C). . However an alternative tender, with a shorter programme and cheaper cost, had been offered by one contractor. The proposal is that a contract will be awarded on the basis of an offer for all tendered packages (A+B+C) combined to a single contractor but there will be a staged release of works and an initial package. The release of consecutive subsequent stages would be subject to the achievement of satisfactory KPI's. A Framework contract has been procured such that in the event of failing performance alternative contractors are available.

The Operations Manager then informed the Panel on how the tenders had been assessed. All 4 contractors produced bids on a compliant approach. The proposed chosen contractor produced two bids (compliant and alternative); the latter bid was the most cost effective and the alternative bid would deliver completion of the project in the shortest timescale. The alternative bid has been chosen to carry out the initial package of work on the project. Their movements will be controlled as work will be taking place in different parts of the site simultaneously.

Councillor Bailey expressed his concern over this approach as he would prefer that the work be carried out as per the packaging in the tender documents . He therefore requested that legal opinion be sought as to the reliability of the contract should the Council need to instruct subsequent contractors.

The Panel agreed that the robust nature of the contract needs to be assured and agreed that a legal opinion be sought.

It was agreed that Eversheds would provide this view to satisfy the concern of the Members regarding the tender process, appointment and risk to the Council

The Panel were satisfied that the arrangement for the management of insurance issues had been covered.