Agenda and decisions

There are two versions of the report:

a)    the original version as presented at the meeting, and

b)    an updated corrected version, added to the agenda pack 17 January 2023 – see Appendix 1 for clarification details and corrections.

Salford City Council – Record of Decision

I, Councillor Youd, Lead Member for Finance and Support Services and Chair of the Procurement Board, in exercise of the powers contained within the Council Constitution do hereby approve:

• to award contracts to provide a Local Salford Supported Employment Service.

The Reasons are:

Following a fair and transparent open tender process Tender 5 are deemed to be the most economically advantageous tender. They scored high on quality and cost and have demonstrated that they are able to provide a robust Supported Employment Service for adults with learning disabilities and autism within Salford.

Options considered and rejected were

Delivering the supported employment service in-house was considered and rejected. Supported employment is a specialist service requiring experience and expertise, so the preferred option was to go out to open competition to identify suitability qualified providers. In addition, delivering the service in-house would not have been the most cost effective or efficient method of delivery. On this basis a competitive open tender exercise was deemed to be the best option for delivering a quality service and ensuring required outcomes are achieved for residents.

Assessment of risk

A clear delivery plan and timeline is in place to mobilise and implement this new Supported Employment Service. The Job Coach function is at the heart of the proposed delivery model and any commissioning delays could have a major impact on this. Any delay in the award will impact on the allotted timeframe to deliver the service and provide the necessary support to the proposed 140 participants. Which in turn could jeopardise funding the Council has been awarded by The Department for Work and Pension (DWP) to establish and deliver a local supported employment service.

A proposal in relation to the employer engagement of the service (covered elsewhere on the agenda) linked to an existing service should accelerate the mobilisation of this part of the supported employment service. The risk of delaying the proposal and in particular this interdependent element of the supported employment service,  ...  view the full decision text for item 5a

Salford City Council – Record of Decision

I Councillor Hinds, Lead Member for Finance and Support Services and chairman of the Procurement Board in exercise of the powers contained within the Council Constitution do hereby approve:

1.    Approve the appointment of Rosgal Ltd at a cost of £184,921.04 to undertake the A6 Manchester Road West Crossing Installation.

2. Approve the creation of a purchase order to the value of £184,921.04 to Rosgal Ltd to enable payments to be made to the contractor.

3.    Approve the creation of a purchase order to the value of £1,500.00 to Vodafone Ltd to enable payments to carry out utility supervision works. 

4.    Approve professional fees to the value of £15,006.14 for the supervision and management of the works on site.

5.    Approve the 15% risk allocation to the value of £27,738.16, 15% of the total tendered works costs.

The Reasons are

Residents and Local Councillors have raised concerns regarding pedestrian safety when trying to cross Manchester Road West, particularly school children travelling from/to St Paul’s Peel Primary School on Stocksfield Drive to Peel Park during peak times. The nearest formal crossing point to this location is the junction of Manchester Road West with Cleggs Lane some 330m away.

Between September 2017 and May 2022 there has been a total of 16 recorded collisions along Manchester Road West, 4 were classified as serious and 12 classified as slight severity. A total of 21 casualties have been recorded, of which 4 were pedestrians (3 slight, 1 serious) and 2 were cyclists (both slight severity).  

Between May – June 2021 a consultation in conjunction with The Little Hulton and Walkden Community Committee was carried out to determine the preferred option for a proposed crossing in this location. 85% of responses were in favour of introducing a signalised crossing on the A6 Manchester Road West between the  ...  view the full decision text for item 5b

Salford City Council – Record of Decision

I, Paul Dennett, City Mayor, in exercise of the powers contained within the Council Constitution do hereby approve:

(a)   Approve the award of the Contract for Enforcement Services as detailed in the table below:

The Reasons are –

The open tender process for Enforcement Services was initiated on 20^th September 2022 with all returns by the afternoon of 28^th October 2022. The opportunity was advertised in the Find a Tender replacement for the European Journal, Contracts Finder and the Northwest Portal as an open tender.

Two submissions were received and the scores for each submission are contained in the following table –

Marston Holdings are the parent company of which NSL are their Enforcement subsidiary – for the remainder of the report they will be referred to by their enforcement arm NSL. NSL were only marginally higher in price than the other bidder but scored extremely highly in terms of its quality submission and scored highest in terms of its Environmental and Blue Badge Enforcement submission. Bidder A scored higher in the Social Value aspect but the feedback that accompanied their summary mentioned a lack of detail on how certain social value offers made were to be delivered and it contained some inconsistencies so placing an element of doubt as to the true value of their overall Social Value contribution.

NSL is therefore proposed as the successful bidder. They submitted a total price of £2,463,083 for the combined contract. Salford’s cost can be broken down thus- £1,071,068 for parking enforcement services to be paid from the Parking Services Revenue Budget and £88,192 for environmental enforcement being paid from Environment & Community Safety budget stream.

In previous years the revenue from enforcement covered the cost of the Enforcement contract and made a surplus which has been increasing year on year and this  ...  view the full decision text for item 5c

Salford City Council – Record of Decision

I Councillor Youd, Lead Member for Finance and Support Services and chairman of the Procurement Board, in exercise of the powers contained within the Council Constitution do hereby approve:

i)     Approval to Award the Contract for the Minor Building Works Framework Agreements

Salford City Council – Record of Decision

I Councillor Youd, Lead Member for Finance and Support Services and chairman of the Procurement Board, in exercise of the powers contained within the Council Constitution do hereby approve:

• the award of tender for SBNI Delivery Package 7 (DP7) to Eric Wright Civil Engineering for the reason(s) highlighted in the table below:

The Reasons are:

The proposed work on SBNI DP7 form one of the Delivery Packages for the SBNI programme. The objectives of programme are to improve the punctuality, regularity and reliability of bus services in the region and promote active, healthy lifestyles and make sustainable travel safer and easier to use and an attractive alternative to the private car.

Options considered and rejected were: not to award the contract

Assessment of Risk: Medium

The source of funding is: The Greater Manchester Combined Authority

Legal Advice obtained: Tony Hatton

Financial Advice obtained: Hollie Faulkner

Procurement Advice obtained: Heather Stanton

HR Advice obtained: / N/A

Climate Change Implications obtained: Mike Hemingway / Opu Anwar

The following documents have been used to assist the decision process.

Report to the City Mayor’s Regeneration Briefing – 13July 2015

Urban Vision – Regeneration Panel Presentation – July 2016

Report to Lead Member for Planning & Sustainable Development – 14^th April 2020

Report to Procurement Board 19^th February 2020

Contact Officer: Opu Anwar

Contact: opu.anwar@salford.gov.uk

Please delete from the bullets below any which are not relevant

This matter is not subject to consideration by another Lead Member.

The appropriate Scrutiny Committee to call-in the decision is the Growth and Prosperity Scrutiny Committee.

FOR DEMOCRATIC SERVICES USE ONLY

*           This decision was published on 11 January 2023

*           This decision will come in force at 4.00 p.m. on 18 January 2023 unless it is called-in in accordance with the Decision Making Process Rules.

The following items are for the primary purpose of providing members of the public with all relevant information on the respective matters, other than those elements, which in accordance with the relevant sections of the Local Government Act 1972, remain confidential and require that any arising decision is taken in Part 2 of the agenda.

Salford City Council – Record of Decision

I Paul Dennett, City Mayor, in exercise of the powers contained within the Council Constitution do hereby:

(1)   Approve the extension of Contract forTrafford Road Improvements as detailed in the table below:

(2)   Approve the procurement of outstanding construction works removed from the Sisk contract via Salford’s minor Civils Framework or an alternative compliant procurement route.

The reasons are:

Continued pressure on construction supply chains and inflation, combined with the impact of uncharted service positions on site and third-party impacts on the work have resulted in increased construction costs. This has caused the forecast final cost of the project to exceed the approved budget. The purchase order needs to be extended to meet the contractor’s remaining invoices and final account.

Options considered and rejected were:

Consideration has been given throughout the construction period to reduce the scope of works and forecast final costs.  Where feasible and appropriate, changes and reductions have been made.  Due to contractual restraints, large changes in scope would result in penalties that disproportionally reduce the savings made.

Assessment of risk:

High – Funding for the project has already been committed. Growth Deal funds and the original MCF funds have both been expended and reclaimed from GMCA. The forecast final expenditure and funding remains to be confirmed following recent Compensation Event notices and some elements of the project still need to be procured in an inflationary market for construction work.

The source of funding is:

The project team are in discussions with the scheme delivery partners to seek agreement for additional grant funding.

As an interim measure the estimated additional funding detailed in the Part 2 report will be met from a combination of approved Place capital programme resources for the 2022/23 financial year, including:

-       Approved Growth Deal and CRSTS Grant funding

-       General Unsupported Borrowing from within the original allocation approved for the scheme

-       Section 106 monies (Michigan Avenue from planning agreement ref.15/66481/FUL, confirmed as received) subject to approval from the Place Strategic Director to allocate to Trafford Road (as per delegated approval from the City Mayor 09.11.20). 

Legal advice obtained:

The release of the additional funds is to enable the contract manager to make payment for the increased construction costs which are payable under the contract terms.

The Council must comply  ...  view the full decision text for item 9a

Salford City Council – Record of Decision

I Councillor Youd, Lead Member for Finance and Support Services and chairman of the Procurement Board, in exercise of the powers contained within the Council Constitution do hereby:

• Approve the extension of Contract for Swinton Greenway as detailed in the table below:

The reasons are:

Continued pressure on construction supply chains and inflation, combined with the loss of key members of the delivery team, challenging site conditions and post tender design amendments have all resulted in the delivery of the project taking longer to complete and costing more than anticipated and to also exceed the approved project budget.  The purchase order therefore needs to be extended to meet the contractor’s final account.

Options considered and rejected were:

Consideration has been given throughout to descope the project and wherever feasible, changes and reductions have been made.

Assessment of risk:

High. The original funding for the project has been committed and recovered from the GMCA.

The source of funding is:

The project team are in discussions with the scheme delivery partners to assign additional grant funding to the project. As an interim measure funds will come from Place Capital Programme.

Legal advice obtained: Yes, Tony Hatton - Shared Legal Services

The release of the additional funds is to enable the contract manager to make payment for the increased construction costs which are payable under the contract terms.

It is an established principle that an existing public contract is capable of being varied or modified providing any modification does not affect the overall nature of the contract, with that principle having been codified into the Public Contracts Regulations 2015, such that, essentially, variations to a contract will fall into one of two categories: “substantial” changes and “not substantial” changes. Any changes deemed to be “substantial” will require a tender process for a new contract; changes which are not “substantial” will not.

Specifically, Regulation 72 (1)(c) allows for modifications to be made to existing contracts such that a modification (here a variation to payment) may be made where the following cumulative conditions are fulfilled:

1 The need for modification has been brought about by circumstances which a diligent contracting authority could not foresee;

2 The modification does not alter the overall nature of the contract;

3 Any increase in price is not higher than 50% of the  ...  view the full decision text for item 9b

Salford City Council – Record of Decision

I Councillor Youd, Lead Member for Finance and Support Services and chairman of the Procurement Board, in exercise of the powers contained within the Council Constitution do hereby approve:

·      the award of a 12-month contract extension for the provision of security staffing services and associated vehicle hire (2 vans used by City Watch) to Exclusec Ltd. This contract extension shall cover the period of 1^st April 2023 to 31^st March 2024.

The Reasons are to ensure the continued delivery of essential Council services. These service areas are the gateway buildings where manned guarding is procured to ensure the safe and efficient use of the premises and the City Watch and CCTV services, where security staffing is used to staff the City Councils CCTV control room, respond to alarm activations and undertake planned locks and unlocks to customers buildings.

The existing contract which was for the initial term of 01.04.19 to 31.03.22 reserved within it the option to extend the contract term by a further 1 +1-year term. The initial 1-year contract extension has already been awarded and this extension will be the final one reserved within the contract after which alternative delivery options and/ or retendering will be undertaken.

_____________________________________________________________________

Options considered and rejected were re-procurement of the contract.

_____________________________________________________________________

Assessment of Risk – High in the event we were unable to secure the security staffing needed in order to meet our contractual obligations to City Watch customers and tenants at gateway buildings.

_____________________________________________________________________

The source of funding is: Revenue funding in the proportions of:

F2800 (CCTV) & F2802 (City Watch) £468,180.96 (12-month term).

Facilities Management (Gateway) Budgets £287,240 (12-month term).

Legal Advice provided by Tony Hatton - It is an established principle that an existing public contract is capable of being extended (or modified providing any modification does not affect the overall nature of the contract), and  ...  view the full decision text for item 9c

Salford City Council – Record of Decision

I Councillor Youd, Lead Member for Finance and Support Services and chairman of the Procurement Board, in exercise of the powers contained within the Council Constitution do hereby approve:

• an exception to Contractual Standing Orders as permitted within the City Council Constitution for the reason(s) highlighted in the table below and the award of the Contract for (insert title of project/scheme/service or purchase of goods) as detailed in the table below:

The reasons are:

In September 2016 Procurement Board gave approval to go out to competition for the delivery of services within this proposed programme. Following a competitive tendering process, contracts were awarded to successful providers and delivery commenced on 1^st April 2017. These projects become time – expired at the end of March 2023.

            Economic consultants, Think, were engaged in April 2022 to help develop a  ...  view the full decision text for item 9d

10:00am on Wednesday 11 January 2023 in the Salford Suite at Salford Civic Centre, Chorley Road, Swinton, M27 5DA