Decision details
Waste modernisation & improvement programme
Decision Maker: Chief Operating Officer
Decision status: Approved
Is Key decision?: No
Is subject to call in?: No
Purpose:
A competitive procurement has been carried out
followed by detailed scrutiny and evaluation of tender responses
for the construction of the Pixash, Keynsham Recycling Hub. In
order to secure programme certainty and mitigate risk of further
cost inflation, due to the current material and labour market
forces, a Limited Letter of Intent (LLOI) has been agreed with a
preferred contractor. To protect the council's contractual
position, this creates a financial commitment for advance site
works, design development and discharge of planning conditions.
This provides contractual certainty to commence early activity and
place advance orders for steel (rebar and mesh) and secure
supply-chain orders prior to the full scheme start, anticipated in
March 2022, subject to full budget approval at February Council. In
the event of being unable to enter into contract as planned, the
council has agreed a cashflow spend of £1.1m for specific
interim workstreams and termination costs. The LLOI overall is
capped at £3.9m until March 2022, for the contractor as a
FTSE100 company to comply under General Sox compliance and
auditing.
Decision:
To approve the issue of the Limited Letter of Intent, together with supporting documents, in order to secure progress on the construction programme and mitigate risks of further cost increases. This decision is made in consultation with the Council’s S151 officer.
The Cabinet budget report for 2022/23 can be found using the following link:
https://democracy.bathnes.gov.uk/ieListDocuments.aspx?CId=122&MId=6168&Ver=4
Alternative options considered:
Option: to not to go ahead with the advance
works packages as described which would create the risk of
significant further cost inflation, and the potential need for a
re-procurement exercise. This is not recommended due to the current
construction market which is experiencing very high levels of
inflation and labour and materials shortages. The market is not
currently predicting a levelling off or a decrease within the next
12 months. Delay in contract award in entirety will likely further
increase contract costs and impact other related works and
services, where prolongation of lease agreements and potential loss
of grant funding are further risks to programme and cost.
Publication date: 02/02/2022
Date of decision: 02/02/2022