Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Salford City Council – Record of Decision
I, Councillor Antrobus, Lead Member for Planning and Sustainable Development, in exercise of the powers contained within the Council Constitution, do hereby approve the following:
a) Salford City Council’s commitment for match funding in 2020/21 to provide up to £100,000 to support the Liverpool Street Corridor project.
b) Approves Urban Vision professional fees in the sum of £110,017.33
The reasons are – to provide the necessary expenditure to design and deliver the project.
Assessment of Risk: Low
The source of the £2.5m Growth Deal funding is from the Greater Manchester Combined Authority (GMCA)
Legal Advice Obtained Yes Tony Hatton
Part V of the Highways Act 1980 provides various powers under which a highway authority may improve the highways for which it is responsible. These include the variation of relative widths of carriageways and footways; the construction of cycle tracks and the planting of trees. Section 23 of the Road Traffic Regulation Act 1984 provides that a local traffic authority may establish pedestrian crossings, and shall give public notice of such proposals. Such signage and road markings as are required by the Project must be implemented as provided by the Traffic Signs Regulations and General Directions 2016.
As identified in the body of the report it is proposed that Urban Vision Partnership Limited be appointed to provide professional services under the exclusivity terms set out in the Development Services Partnership Agreement, which itself has been procured in accordance with Public Contracts Regulations and the Council’s Contractual Standing Orders.
The report confirms the funding is required pending Business Case approval by GMCA. Once Business Case approval has been granted, the Council can then reclaim the expenditure on an ongoing basis, but in the meantime is able to reclaim up to 10% of the Salford Project Management Costs.
Any future procurement for works to be undertaken as part of the project must be in compliance with the Council's Contractual Standing Orders and Public Contracts Regulations, as when commissioning contracts for the procurement of goods, services or the execution of works the Council as a ‘contracting authority’ must comply with the Public Contracts Regulations 2015 as well as the provisions of its own Contractual Standing Orders, Financial Regulations and the duties of Best and Social value. That procurement will be subject to further approvals from Procurement Board.
The Manchester Framework has been identified as the most appropriate method of procuring the works, and is compliant with the Regulations. The Framework Agreement allows the Council (or group of authorities) to put in place, through open competitive process, an arrangement whereby suppliers can be preselected to supply a defined scope of services under an agreed set of terms and conditions. The terms and conditions established under the Framework Agreement govern the contracts let under the framework although each contract will inevitably have some differences to reflect the agreement struck between the parties to the contract.
The framework arrangement enables the Council to call-off the specified works against the agreed set of terms etc. should they wish to do so within the lifespan of the framework. Being party to the Framework Agreement does not place any obligation on an authority to use the framework but provides them with the opportunity to do so, and providers on the framework should be aware that the Council is under no obligation to guarantee a certain volume of work or any work to them, nor is it obliged to use it in every instance.
The Council is under a duty to provide "Best Value", and hence reserves the right to provide the works and/or services through whatever resources will provide that best value, which gives the Council flexibility to allow them to consider going out to the wider market as well as using the existing framework arrangement, and using the mini competition format within Manchester City Council’s Civil and Highway Engineering Framework Agreement will give some comfort to the Council in ensuring that value for money is being obtained.
Finance Advice Obtained Yes Natalie Birchall
The costs outlined in this report to design and procure the project will be funded from the Growth Deal 2 grant, £110,017.33. The city council will cash flow the project in advance of grant funding for the project being drawn down. However, it should be noted that that 90% of expenditure incurred up to full business case approval is at the council’s risk and would have to be found from the council’s own resources if the project does not proceed.
There is an agreement for match funding from the city council in 2020/21, which may be offset by agreed S106 contributions. Any additional spend will require further approvals.
Procurement Advice obtained Yes Christine Flisk
The works outlined within the report are being procured compliantly through the Urban Vision Partnership under the exclusivity agreement. The procurement team will work closely with UV to run a mini competition through the Manchester City Council Highways framework. The programme is scheduled to be completed in December 2020 and therefore will extend beyond the end date of the UV partnership; the contract for works must be drawn up with legal services to ensure that any warranties and project liabilities are covered.
The following documents have been used to assist the decision process:
Growth Deal 2 Grant Funding Letter (Appendix A)
Transport in Salford 2025
Made To Move report by Chris Boardman, GM Cycling & Walking Commissioner
Lead Member Report
Contact Officer: Sarah Alves Tel no: 0161 779 4918
This decision is not subject to consideration by another Lead Member.
The appropriate Scrutiny Panel to call-in the decision is the Growth and Prosperity Scrutiny Panel.
Signed: Councillor Antrobus Dated: 8th January 2019
Lead Member for Planning & Sustainable Development
FOR COMMITTEE SERVICES USE ONLY
This decision was published on 8th January 2019.
This decision will come into force at 4.00 p.m. on 15th January 2019, unless it is called-in in accordance with the Decision Making Process Rules.
Publication date: 08/01/2019
Date of decision: 08/01/2019
Effective from: 16/01/2019