Agenda, decisions and minutes

An apology for absence was received from Councillor Selman.

NOTED

An apology for absence was received from Councillor Selman.

NOTED

The Chair will consider the admission of any late items of Urgent Business. Late items of Urgent Business will be considered under the agenda item where they appear. New items of unrestricted urgent business will be dealt with under Item 13 below. New items of exempt urgent business will be dealt with at Item 22 below.

There were no items of urgent business.

NOTED

There were no items of urgent business.

NOTED

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 8.1-15.2 of Section Two of Part 5 of the Constitution  and Appendix A of the Members’ Code of Conduct.

There were no declarations of interests.

NOTED

There were no declarations of interests.

NOTED

On occasions part of the Cabinet Procurement Committee meeting will be held in private and will not be open to the public if an item is being considered that is likely to lead to the disclosure of exempt or confidential information. In accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to On occasions part of the Cabinet Procurement Committee meeting will be held in private and will not be open to the public if an item is being considered that is likely to lead to the disclosure of exempt or confidential information. In accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (the “Regulations”), members of the public can make representations about why that part of the meeting should be open to the public.

This agenda contains exempt items as set out at Item 16 - 21:

No representations with regard to these have been received.

This is the formal 5 clear day notice under the Regulations to confirm that this Cabinet Procurement Committee meeting will be partly held in private for the reasons set out in this Agenda.  Information) (England) Regulations 2012 (the “Regulations”), members of the public can make representations about why that part of the meeting should be open to the public.

There were no representations received.

NOTED

There were no representations received.

NOTED

There were no deputations, petitions or questions.

NOTED

There were no deputations, petitions or questions.

NOTED

To confirm the unrestricted minutes of the meeting of Cabinet Procurement Committee held on 10 February 2020.

RESOLVED

That the unrestricted minutes of the meeting of Cabinet Procurement Committee held on 10 February 2020 be confirmed as an accurate record of the proceedings subject to a minor typo amendment to item 7 – Chair’s comment after introduction.

RESOLVED

That the unrestricted minutes of the meeting of Cabinet Procurement Committee held on 10 February 2020 be confirmed as an accurate record of the proceedings subject to a minor typo amendment to item 7 – Chair’s comment after introduction.

This report seeks the approval of Cabinet Procurement Committee to re-procure Council wide Passenger Transport Services, for Vulnerable Children and Adults from October 2020 with a recommended contract term of 3 years with an option to extend for 1 further year (4 years total).

RESOLVED

That approval be given to the procurement of a dynamic purchasing system for provision of Passenger Transport Services, for a contract term of three years with an option to extend for a further year, up to a maximum of four years, commencing in October 2020, with the potential contract value being £5.4 million, rising to £7.2 million should the contract extension be utilised.

RELATED DECISIONS

In 2015, following a competitive tender process, Cabinet Procurement Committee approved the award of a 4 year framework contract at the approximate annual value of £1.8 million per annum.

OPTIONS APPRAISAL AND BUSINESS CASE (REASONS FOR DECISION)

HLT, CFS and ASC are seeking a Council wide Corporate Contract to continue the amalgamation of the use of passenger transport and taxi services across all Council departments to continue to realise the main objectives of the passenger transport services which are:

?  To provide a safe service to all users 

?  To provide a passenger assistant when required

?  To provide a punctual and timely service

?  To provide vehicles that are safe, legal, secure, clean and in good condition

?  Ensure all contractors are correctly licensed

?  Deliver value for money

ALTERNATIVE OPTIONS (CONSIDERED AND REJECTED)

Insourcing - Deliver the provision in-house

This option would consider the possibility of employing personnel on a full-time basis, and leasing vehicles to provide all required in-house transport and   taxi services. (Appendix 1 of the report for a detailed breakdown).

Do nothing – Do not re-procure

This option was considered and rejected because, as previously noted the Council is under a statutory duty to provide transport for eligible service users. This includes particular responsibility to transport vulnerable children and young people with special educational needs (SEN). 

Advantages

?  None

Disadvantages / Risks

?  Failure to re-procure would leave the local authority open to challenge by Government and could also leave the Council exposed to judicial review in relation to any failure to support young people with SEND. 

?  The Council would fail to realise savings through ad-hoc purchasing techniques that could be achieved through the use of a joint framework or DPS. 

?  Without a framework or DPS, expenditure tracking across a large range of taxi suppliers will be difficult. 

?  No competitive process would be held when hiring services.

?  The Council would not be in a position to identify if they are receiving ‘value for money’.

?  The Council would be non-compliant under UK Government and EU procurement rules and violate Hackney’s Contract Standing Orders.

Tender the transport and taxi service to one lead provider

  This option was considered and rejected.

  Advantages

?  Saving on resources required to manage single supplier’s  performance for delivery of all taxi services

?  Ease of booking taxi services with one approved supplier 

Disadvantages / Risk

?  Lack of multiple suppliers risks demand not being met at peak times. If the main provider could not meet all the requirements   during this time, Council would have to use other unapproved   providers.

?  Lack of competitive booking process - the Council would not receive value for money

?  High risk in the  ...  view the full decision text for item 7.

The Chair asked for an introduction of the report.

The Business Development and Support Manager, Children, Adults and Community Health – Mr Ross Tuckley advised the Committee of the Council’s  statutory obligation to provide, free of charge, home to school transport for a child or young person who is eligible. The taxi service for vulnerable children and adults was a key service provided by the Council, and the implementation of a corporate taxi and passenger services contract underlined the  commitment to achieving best value for the Council. Mr Tuckley advised that Hackney currently had approximately 260 children and young people for which it provided home to school transport via third party contractors. The majority of journeys were daily, although some occurred weekly or termly and they were primarily to out-of-borough schools and colleges.  Mr Tuckley further advised that in CFS the main client group were Looked After Children (LAC) being transported to and from school, hospital, as well as contact arrangements with parents.  In ASC, taxi services were primarily used by Learning Disabilities Service for clients being transported to and from day activities.

Mr Tuckley informed the Committee that the report sought approval to re-procure Council wide Passenger Transport Services, for Vulnerable Children and Adults at an approximate annual spend of £1.8 million. The new contract would commence in October 2020 with a recommended contract term of 3 years with an option to extend for 1 further year (4 years total).

The Chair thanked Mr Tuckley for his introduction and asked if there were any questions from Members.

Deputy Mayor Bramble, in welcoming the report, commented on the existing provision and asked for a brief analysis of the existing service provision and any major changes to that in the new contract.

In response  Mr Tuckley advised that since the start of the current framework, CFS and ASC had successfully implemented a booking process for sending out requests for quotes to all taxi providers on the framework and therefore continuously benefiting from securing the most competitive prices.  Additionally, the ongoing use of Government Purchase Cards (GPC) had continued to make efficiency savings in terms of processing time. GPC were held by permanent members of Business Support staff within CFSCFS and ASC always encouraged service users to use public transport where appropriate. However, the age, health, ability and individual family/carer circumstances of a child or adult at risk may often mean that a taxi was the only transport option. Efforts had been successfully made across CFS to ensure that taxi provision was a last resort and over the last four years, there had been an overall reduction in spend on that provision. Mr Tuckley further commented that within education, a family would apply to HLT for home to school transport to be provided by HLT and the requirement was matched against the eligibility criteria. Where it was safe and practicable, alternative transport options that fostered independence would be considered, or if not then HLT provided home to school transport, either via the  ...  view the full minutes text for item 7.

This report seeks the approval of Cabinet Procurement Committee for the contracted supply of bulk road fuels, specifically renewable high blend biofuel and rebated gas oil (red diesel) for an initial 24 month period commencing 1st August 2020 with the option of two further extensions, each for a 12-month period.

RESOLVED

i.  That the various options considered for the procurement of Bulk Fuels as detailed in the report, be noted; and

ii.  that approval be given to the procurement strategy detailed in the report, and officers be authorised to proceed with the procurement of a Framework, open to Hackney, City of London and other London Boroughs, to identify and engage providers for the fuels required.

RELATED DECISIONS

There are no related decisions regarding this procurement process.

OPTIONS APPRAISAL AND BUSINESS CASE (REASONS FOR DECISION)

The report sets out to seek approval for the procurement of contracted bulk vehicle fuel supply arrangements that meet current and future requirements. Fuel is a vital commodity which the Authority relies upon for use in its fleet vehicles and plant. The procurement of road fuel and rebated gas oil for plant and machinery has been an ongoing requirement for many years. The current contract expired September 2019.

This procurement focuses on identifying supply arrangements for high blend renewable biofuel (from waste) called Hydro-treated Vegetable Oil (HVO) and its rebated Gas Oil variant for off road machinery required over the next 24 months. This fuel is highly CO2 efficient reducing CO2 by over 80% prior to combustion and up to 12% after combustion (at the exhaust pipe), a total of circa 92%. It is also highly NOx efficient reducing NOx by up to 69% at the exhaust pipe.

ALTERNATIVE OPTIONS (CONSIDERED AND REJECTED)

The Council continually assesses various alternative fuels through participation in technical workshops; campaigns & programmes; networking with other proactive fleet operators; ride & drive events and actual vehicle trials within our own operations.

The Corporate Fleet Manager has attempted to provide a brief overview of other alternative fuels currently available but rejected.

Compressed Natural Gas

Compressed Natural Gas (CNG) is a fossil fuel predominantly from methane. Methane is a potent greenhouse gas which has a much higher global warming impact than Carbon Dioxide (CO2). CNG vehicles used in high density urban environments emit worse emissions than Euro VI diesel vehicles. CNG as a road fuel is only better than Euro VI diesel when the engine can be operated for long periods at its optimal engine speed and therefore may be environmentally beneficial when used in static generators or for long distance motorway vehicles but certainly not for city municipal vehicles whose duty cycles are predominantly stop/start. Gas engines produce lower noise levels than diesel engines.

CNG is stored at high pressure, 3,000 to 3,600 pounds per square inch (21 to 25 MPa). The vehicle fuel tank is larger and heavier impacting negatively on available payload and more costly than a conventional fuel tank.

Depot based CNG refueling stations are very expensive to install and take up substantial space compared to normal liquid fuel storage tanks. The refuelling station also requires high levels of energy (and therefore carbon inefficient) as the gas has to be stored at high pressure to enable fast refuelling of numerous vehicles in quick succession. Fast-fill stations may still require over 10  ...  view the full decision text for item 8.

The Chair asked for a brief introduction to the report.

Mr Norman Harding – Fleet Manager , Finance & Corporate Resources, advised the Committee that the report  before it detailed the requirement for the contracted supply of bulk road fuels, specifically renewable high blend biofuel and rebated gas oil (red diesel) for an initial 24 month period commencing 1st August 2020 with the option of two further extensions, each for a 12-month period.

Mr Harding went on to comment that the use of the fuel in existing internal combustion engined vehicles would not only greatly contribute to the Council’s carbon reduction targets but also improve local air quality. The Council used road fuels within its vehicles for the provision of essential services to residents of the Borough. Mr Harding explained that  whilst it was the long term aim to operate all Council fleet vehicles on electric energy, and although the Council was already operating 57 fully electric vehicles, it was acknowledged that electric vehicle technology was still not practically viable for all fleet vehicles either because of technical limitations in smaller vehicles or simply not yet available in larger specialist municipal vehicles.

  Mr Harding further commented that for vehicles that cold not operate electric technology it was the Council’s  aim to use an alternative fuel that was sustainable and environmentally beneficial. Historically, the Council had successfully utilised a high blend renewable biofuel saving hundreds of tonnes of CO2. Mr Harding advised that the current contract expired in September 2019 and must be retendered to ensure continuity of supply. The recommendations before the Committee were  to use a superior high blend renewable biofuel until electric technology developed to allow wider implementation.

The Chair thanked Mr Harding for his succinct introduction and asked if there were any questions from the Committee.

Councillor Burke, in welcoming the report, commented that he was extremely happy to commend the report to the Committee and that its content and proposed strategy were excellent .  The proposals went a long way in furthering the Council’s sustainability and green agenda and showed considerable initiative on the part of officers to explore alternative methods of fuel uses for its fleet vehicles.  Councillor Burke sought one point of clarification as regards the issue of refuse vehicle electrification and where the technology currently was.

In response Mr Norman advised that whilst a whole range of fleet vehicles could and were electrified the plans to introduce larger bulk refuse electrical ones was something that was desired for, but still in a prototype stage. The issue with bulk waste refuse vehicles being electrified were due their size and the current technology not be being sufficiently expanded to allow for this as yet .  However as soon as it was viable to do so then this avenue would be explored.

The Chair thanked Mr Norman for his responses.  There being no further questions from the Committee on a MOTION by the Chair it was:

RESOLVED

i.  That the various options considered for the procurement  ...  view the full minutes text for item 8.

This report seeks Cabinet Procurement Committee’s approval to the procurement of several contracts to form a pathway of supported accommodation for Hackney looked after children, care leavers and homeless young people.

RESOLVED

i.  That approval be given to the competitive procurement, with five lots, for a young people’s supported accommodation pathway, and that the term of contract be for 5 years with an option to extend for a further 2 years (5 +1 +1 years), and an estimated annual contract value of £1.4m-£2m for 96-140 places for young people; and

ii.  That a later procurement of a separate Lot 6 for ad hoc services be agreed, with an estimated annual contract value of approximately £300,000.

RELATED DECISIONS

Key Decision No. CACH P9 Re-Tendering of Housing Related Support Contracts, Business case. September 2018

Key Decision No. CACH P72 Hackney Housing Related Floating Support Service, Contract Award Report. March 2019

Key Decision No. CACH Q29 Mental Health - Accommodation Based Housing Related Support, Contract Approval. December 2019

OPTIONS APPRAISAL AND BUSINESS CASE (REASONS FOR DECISION)

The two contracts for the provision of Children and Young People’s Accommodation Based Services are coming to an end in December 2020. This gives us an opportunity to redesign the current accommodation pathway and undertake a competitive procurement process. The redesign will also allow us to align our spot purchase arrangements which currently fall outside of these two contracts. This is also an opportunity to increase the size of the contract to support the Council in meetings its sufficiency strategy and in managing the overspend in this area.

These two contracts have been in place since 2013 with little change to the specification. This service is no longer meeting the complex needs of our young people that require supported accommodation. Following the reduction of the size of the service in 2017 (147 places to 64), the number of placements available within the contract is not sufficient to meet the increase in demand of these services. This has placed increased pressure on Children and Families Service (CFS) to find alternative accommodation with private providers, who are usually out of borough, for a large proportion of looked after children and care leavers who would have previously accessed this provision. The spot purchase arrangements for accommodation cost the Council significantly more money than the contracted arrangements.

The commissioning responsibility of these young people’s services has transferred from Adults Services to CFS who are now leading on the redesign and the commissioning and procurement of the pathway for young people up to the age of 21. The responsibility for homeless young people aged 21 to 25 is still held within the Adult Social Care Single Homeless Pathway.

A CFS working group was set up to review our current services and assess our needs and demand for supported accommodation for looked after young people and care leavers. The group considered, the affordability of the accommodation, upkeep of the building and external spaces, the state of repair of furnishings and facilities, the hourly rate for key-workers, the outcomes being achieved by young people, the attitude and capabilities of staff and their ability to flexibly respond to young people’s needs. The review revealed considerable  ...  view the full decision text for item 9.

The Chair asked for a brief introduction of the report.

The Resource Manager - Children and Families Placement Management Unit, Children, Adults and Community Health – Ms Maria Zazovskaya, advised the meeting that the report before the Committee proposed the procurement of several contracts to form a pathway of supported accommodation for Hackney looked after children, care leavers and homeless young people. Ms Zazovskaya advised that the report was a joint procurement with Housing and Adults Social Care led by the Children and Families Service that would support a seamless transition throughout a young person’s journey to independent living.

Ms Zazovskaya  referred to the Council’s legal obligation under the Children Act 1989 to provide suitable accommodation for looked after children and to provide support to care leavers under the Children (Leaving Care) Act 2000, and this included the provision of suitable supported independent accommodation.  Ms Zazovskaya went to comment that providing 16-21 year old care leavers with suitable accommodation that was tailored to their needs was essential in supporting them with their transition to adulthood.  Whilst some care leavers returned home or “stayed put” with their foster carer, many would move to more independent accommodation that came with varying levels of key-worker support (semi-independent accommodation).  This proposal will ensure that for those care leavers who need it, there is access to a range of semi-independent accommodation options that are of a high standard and deliver the best value for money.

Ms Zazovskaya  further informed the meeting that proposals would  support the delivery of a consistent high quality support and accommodation service,  and introduce the use of evidenced based psychologically informed environments or similar approaches to provide young person centred, wrap around support that would make a significant impact in how young people experienced supported accommodation. The Council had a legal obligation under the Children Act 1989 to provide suitable accommodation for looked after children and to provide support to care leavers under the Children (Leaving Care) Act 2000; this support included the provision of suitable supported independent accommodation. 

Ms Zazovskaya  further commented that the proposed procurement arrangement would support Hackney to meet its sufficiency duty in line with increases in the numbers of looked after children and care leavers and facilitate the implementation of a robust quality assurance framework to monitor the performance of providers who are operating in an unregulated market.  It is also anticipated that a block contract will secure support and accommodation at rates that are more competitive than the existing spot purchasing arrangements. The Young People’s Supported Accommodation Pathway would ensure the delivery of high quality placements and support for the most vulnerable young people in Hackney. The services would be innovative, efficient and fit for the future, preparing young people for independent living, increasing their quality of life and supporting young people to maintain their engagement in their local communities.

Ms Zazovskaya advised that the procurement  sought to commission accommodation based support for the young people’s supported accommodation pathway. The successful providers would be  ...  view the full minutes text for item 9.

This report seeks Cabinet Procurement Committee’s approval to award a five year contract to deliver contact services for looked after children.

RESOLVED

That approval be given to the award to Provider A the Provision of Contact Services for Looked After Children period of three plus two years (1+1) from 1^st July 2020 to 30^th June 2025 at an estimated cost detailed as detailed in exempt Appendix 3 of the report.

RELATED DECISIONS

The Cabinet Procurement Committee approved the Procurement Strategy Business Case Report at its meeting on 10^th December 2018. Please see link to report below:

http://mginternet.hackney.gov.uk/documents/s63231/101218%20CPC%20Provision_of_Contact_Services%20Final.pdf

REASONS FOR DECISION/OPTIONS APPRAISAL

This report provides the Cabinet Procurement Committee with the outcome of the procurement of a new contact service contract for Looked After Children in Hackney.

Following the approval of the contract award, Officers will proceed with the Implementation of the new contract to commence operation by 1^st July 2020.

The current outsourced service has continued to demonstrate an ability to respond efficiently and effectively to the demands on the service. At present the current provision is contracted to deliver 14,000 hours of contact per year, however in reality it is often 10-20% more. Therefore the new contact service provision will be expected to deliver a minimum of 14,500 hours per annum. The majority of the service will be delivered from the Ferncliff Centre, with a small amount held out of the borough. 

The provider will work with the Hackney Children’s Services management team to ensure that demand is met, quality remains high and that contact is managed in the best interests of children.

TUPE will apply to 13 permanent members of staff and possibly 9 sessional workers that may have acquired employment rights due to their length of service. This will be further ratified during the contract mobilisation stage.

Despite the increase in demand and the TUPE Implications, this procurement has achieved an annual saving of £39,454.

ALTERNATIVE OPTIONS (CONSIDERED AND REJECTED)

Option 1 - In-source contact services (In-house provision) - This option entails integrating all contact services, by bringing the provision back in-house. The Council would incur an additional cost of £269k per annum which represents a 40% increase in the service.An in-house service also lacks the independence which is beneficial where cases are in court and evidence around contact is required.

Option 2 - Outsource to a range of outsourced providers - This option involves outsourcing the contact service to a range of providers as a framework; this option may provide a competitive market for service delivery but carries a risk of inconsistent service delivery, additional administration from liaising with multiple suppliers and additional contract management obligations to the CounPlease see section 8. In addition, the Business Case Report approved on 10th December 2019, provides a more detailed explanation.

The Chair asked for an introduction to the report.

The Consultant Social Worker, Children, Adults and Community Health – Stephen Jahoda advised the meeting that Children who were Looked After by the Local Authority away from their families, either temporarily or permanently, would often need on-going supervised, supported or facilitated contact with members of their families. Contact arrangements for children were an important part of the child’s plan assisting in the assessment of risk and the identification of strengths between children and their parents / carers. Promoting good contact arrangements  supported  successful rehabilitation of children to their families when safe to do so and also supported early identification of a parent's capacity to change in order to plan for a child’s needs for permanence via adoption or fostering.

Mr Jahoda further advised that the Council had a legal obligation under Section 34 of the Children Act 1989 to promote contact between children looked after and their parents/carers, siblings and extended family members. The contact service through a supported or supervised method facilitated this important provision.  Mr Jahoda referred the Committee to the considerations of in-sourcing the contact service which was not deemed viable during the options appraisal process. The Council had brought some previously outsourced services back in-house where it was judged to be operationally and/or financially advantageous. However, the nature of contact services provided to the Council and skills required to successfully manage the risks within each faction was typically two-fold; planned and reactive. It was the reactive element of the service that particularly defined the contact service as out of scope for in-sourcing.

Mr Jahoda further advised that an in-house service also lacked the independence which was beneficial where cases were heard in court and evidence pertaining to contact was required. It should also be noted that the Council would incur a 40% increase in cost should the service be brought in-house.  Mr Jahoda also commented that it was necessary to retain the outsourced contact services due to its significant financial and operational benefits to the Council as outlined in the report. This was most prevalent in the “reactive” element of the service due to the often short notice requests for contact and the frequency sometimes directed by the courts.

Mr Jahoda In respect of the contract proposed for award Mr Jahoda advised that officers had used the tender opportunity to give further emphasis on the quality of the workforce required. It was the expectation that this would facilitate the successful introduction of an improved contact service alongside the continued benefits of London Living Wage and its delivery of a higher retention of experienced staff. The recommendations before the Committee were the result of a rigorous procurement process undertaken by Children & Family Service and Procurement Services

The Chair thanked Mr Jahoda for his succinct introduction.

Following a brief clarification as to the terms of the contract length and assurances as regards the transition period of the existing to new contract, on a MOTION by the Chair it was:  ...  view the full minutes text for item 10.

This report seeks Cabinet Procurement Committee’s approval to appoint a contractor to deliver the Streetscene Highways Maintenance Contract of Civil Engineering, Road Surfacing, Street Lighting and Road Markings

RESOLVED

 i.  That approval be given to the award of the suite of Streetscene Highways Contract (4 Lots) 2020-2024; and

ii.  That approval be given to the option to extend each lot for an additional 4 years (2 x 2-year extensions) and to enter into the relevant contract and any other ancillary legal documentation relating thereto with the Bidders for the performance of such works on such terms as shall be agreed by the Director of Legal and Governance Services, with the contract to start on 1st July 2020 to;-

?  Civil Engineering Term Contract (LOT1)  -Bidder B

?  Road Surfacing Term Contract (LOT2)  -Bidder C

?  Street Lighting Term Contract (LOT3)  -Bidder B

?  Road Marking Term Contract (LOT4)  -Bidder A

iii.   That it be noted that whilst the approval to contract out the highway disciplines of civil engineering, road resurfacing, road markings and street lighting works was sought , as part of a phased insourcing programme, the winter service (roads) and cyclical gully cleaning would from April 2020, would be brought back in-house to Waste Operations, an existing in-house service provider.

.

RELATED DECISIONS

The strategy for the procurement of the existing Streetscene contract with a  suite of four lots (Civil Engineering, Road resurfacing, Street lighting and Road marking) was reviewed at the Cabinet Procurement Committee on 16^th March 2010 and approval to award the contract with an option to extend for a period of 2 + 2 years was taken by the Cabinet Procurement Committee on 18^th January 2011.

The decision to take the option to extend the lots for a total of a four year period to March 2019 by a delegated powers report to the Corporate Director of Health & Community Services in March 2014.

The CPC meeting of 10^th December 2018 requested officers to clarify and to comment further on the possible breakdown of a proposed large single contract into smaller lots and shorter contract duration periods. Officers were further requested to examine in further detail the options for possible in-sourcing of this service both wholly and partially in consideration of the recently adopted Sustainable Procurement Strategy.

The CPC meeting of 11th February 2019 approved the OJEU procurement strategy for the re-tender of the Streetscene Highways maintenance contract. Each of the four lots is to run for a period of four years 2019 – 2023 with the option to extend for an additional 4 years (2 x 2-year extensions).

REASONS FOR DECISION/OPTIONS APPRAISAL.

The Council has a statutory duty to maintain the roads, footways and associated infrastructure within Hackney for which it is the Highway Authority.  .

 Hackney Council annually delivers a vast range of highways related  services  to its local community of people who live, work and spend their leisure time in the borough. The public highway maintained at public expense is an important part of the integrated transport network that supports the local economy and sustainable growth. The public highway is one of the most expensive assets that the Council owns with the  ...  view the full decision text for item 11.

The Chair asked for a brief introduction of the report.

The Head of Streetscene - Mr Andy Cunningham, informed the meeting of the  Council’s statutory duty to maintain the roads, footways and associated infrastructure within Hackney for which it was the Highway Authority.  The  report before the meeting sought approval to support the contractual engagement from a number of tenderers for the four elements of the overall contract and as detailed in the exempt appendices to the report.  In respect of the bidders  Mr Cunningham advised that Supplier B was recommended  for the Civil Engineering,  Supplier C for the Road Surfacing, Supplier B  for Street Lighting,  and Supplier A for Road Marking.

Lot

 Mr Cunningham advised the meeting that the four separate lots for the contract covered the majority of the highway works undertaken by the Council. The Council needed  to maintain its sustainable transport network for pedestrians, cycle users and public transport movements and to create a more sustainable highway environment.  In addition to maintaining the highway network this contract  was used to deliver a broad spectrum of initiatives such as LED lighting upgrades, Sustainable Urban Drainage Systems (SuDS), new cycle networks and also used to plant more trees seeking the Council’s vision of a 40% tree canopy coverage across the borough.  The combined predicted value of all lots was £40m over the initial 4 year period (£80m if extended for the full period).

In terms of the contract period Mr Cunningham reported that each Lot would run for a period of four years 2020 – 2024 with the option to extend for an additional 4 years (2 x 2-year extensions). The contract extension periods would be subject to the performance of the Contractor and any further discussions regarding insourcing or procurement strategy. The award of the proposed Streetscene Highways Maintenance contract would support the continued delivery of high-quality services to maintain and improve the Council’s street scene, and  through a strong partnership approach between the Council and their service providers works to the public realm improves the streets in Hackney would be for the benefit of all users.

Mr Cunningham asked that the Committee note that whilst the report sought approval to continue to contract out the majority of the highway disciplines of civil engineering, road resurfacing, road markings and street lighting works, as part of a phased insourcing programme, the activities of winter service (roads) and cyclical gully cleaning, that formed part of the previous contract arrangements, will be brought back in-house to Waste Operations from April 2020. Consideration was also being given to insourcing the responsive repairs activity for Highways, and Mr Cunningham reported that as agreed at the CPC meeting of 11th February 2019 the insourcing of the responsive repairs was likely to be in 18 – 24 months from the commencement of the new contract and would only proceed if it was considered viable.

The Chair thanked Mr Cunningham for his precise introduction and asked if there were any points of clarifications  ...  view the full minutes text for item 11.

This report seeks the Cabinet Procurement Committee’s approval to appoint a preferred contractor to undertake the Britannia Phase 2a early works for the development of a mixed tenure scheme consisting of 90% genuinely affordable housing; an Early Years Centre; and associated public realm and landscape improvements.

RESOLVED

i.  That approval be given to the selection of Bidder C as the preferred contractor for the early works package for Britannia Phase 2a for the value set out in Exempt Appendix 1 of the report;

ii.  that authority be delegated to the Director of Regeneration to make a further award of contract, being a variation of the contract in i. above , in respect of tender option 1 and/or tender option 2 as set out in paragraph 5.1.6of the report, if required;

iii.  that approval be given to entering into a JCT Design and Build contract 2016 and any other ancillary legal documentation relating thereto with Bidder C for the early works at Britannia Phase 2a with such terms as shall be agreed by the Director of Legal & Governance, and that the Director of Legal & Governance be authorised to prepare, agree, settle and sign the necessary legal documentation to effect the proposals contained in the report.

RELATED DECISIONS

Cabinet considered and approved proposals to develop the Britannia Leisure Centre site in April and December 2017. This followed extensive consultation in two phases between December 2016 and February 2017 (initial concepts stage), and April 2017 until February/March 2018 (design development and detailed design/pre-planning stage) with local residents, stakeholders, the Greater London Authority, and departments within the Council, in order to arrive at a masterplan design which incorporated maximum community benefit through the provision of the new secondary school, a new leisure centre, as well as 80 genuinely affordable homes.

The Council’s Planning Sub-committee resolved to grant planning permission for the Britannia masterplan (including Phase 2a) on 7 December 2018 (Planning reference: 2018/0926). In line with the primary objectives of the project, the first phase of development was to build the new Council leisure centre and secondary school on the site of the existing leisure centre (including the hard courts on Shoreditch Park). By delivering the new Council leisure centre, the project is able to unlock the rest of the existing leisure centre site for residential market sale development. This is key to the financial business case and enables the cross-subsidy required to pay for the new social infrastructure. As developer, the Council is able to prioritise the social infrastructure and affordable housing. It is also able to ensure that the maximum benefit of the market sale income is channelled into tangible benefits for the area. This first phase of work is underway, and the affordable housing in Phase 2a represents the second phase.

At its meeting in September 2019, the Council’s Cabinet agreed the procurement strategy for Britannia Phase 2a; that is, to undertake procurement via the OJEU process for the main works contract, and to procure an early works contractor separately by inviting bids from a pre-approved list, selected from Constructionline.

The development of the Phase 2a site represents an opportunity to complete upfront the affordable housing element of the Britannia Masterplan as well as delivering a new Early Years Centre on the  ...  view the full decision text for item 12.

The Chair asked for an introduction of the report.

The Head of Estate Regeneration Programme, Neighbourhoods and Housing - Ms Jane Havemann advised the meeting that the Britannia development would be providing a new Leisure Centre for the Britannia site, opening in March 2021, together with a new secondary school (already open on a temporary site) to meet the demand for additional school places in the borough, to open its doors to pupils at its permanent site in September 2021. Britannia would also deliver over 400 homes, including on site council housing to rent.

Ms Havemann advised the Committee that the proposed early works at Britannia Phase 2a were being brought for consideration and approval by at this stage, in order to enable the noisy and disruptive works associated with the early works to be undertaken whilst the adjacent primary school was on holiday, thereby minimising disruption to the school community. If the recommendations were agreed it was therefore intended that the demolition of the Anthology marketing suite would take place during the Easter school holidays 2020, and decontamination and piling works taking place place substantively during the school’s summer holiday 2020. Ms Havemann also advised that works to the school’s playground would also be undertaken during that time, in order to ensure that when the school returned in September 2020, pupils would have more usable, and high quality playground space.

In respect of the recommendation for the Committee to consider Ms Havemannn advised that these sought approval to appoint a preferred contractor to undertake the early works for the development of a mixed tenure scheme which would consist of 90% genuinely affordable housing; an Early Years Centre; and associated public realm and landscape improvements, and in accordance with the provision of the Contract Standing Orders the award of contract was presented to the Cabinet Procurement Committee for consideration and approval, with the recommendation being made on the basis of both cost and quality.

The Chair thanked Ms Havemann for her succinct introduction.  There being no specific points of clarification from the Committee, on a MOTION by the Chair it was:

RESOLVED

i.  That approval be given to the selection of Bidder C as the preferred contractor for the early works package for Britannia Phase 2a for the value set out in Exempt Appendix 1 of the report;

ii.  that authority be delegated to the Director of Regeneration to make a further award of contract, being a variation of the contract in i. above , in respect of tender option 1 and/or tender option 2 as set out in paragraph 5.1.6of the report, if required;

iii.  that approval be given to entering into a JCT Design and Build contract 2016 and any other ancillary legal documentation relating thereto with Bidder C for the early works at Britannia Phase 2a with such terms as shall be agreed by the Director of Legal & Governance, and that the Director of Legal & Governance be authorised to prepare, agree, settle and sign  ...  view the full minutes text for item 12.

There were no items of unrestricted urgent business.

NOTED

There were no items of unrestricted urgent business.

NOTED

The remaining meeting of the Committee will be held at 6.00pm on:

11 May 2020

NOTED - The remaining meeting of the Cabinet Procurement Committee for the Municipal Year 2019/20 on 11 May 2020 at 6.00pm.

NOTED - The remaining meeting of the Cabinet Procurement Committee for the Municipal Year 2019/20 on 11 May 2020 at 6.00pm.

Note from the Governance Services Manager

Items 16 -22 allow for the consideration of exempt information in relation to items respectively.

Proposed resolution:

THAT the press and public be excluded from the proceedings of the Cabinet Procurement Committee during consideration of Exempt items 16-22 on the agenda on the grounds that it is likely, in the view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended.

RESOLVED

THAT the press and public be excluded from the proceedings of the Cabinet Procurement Committee during consideration of Exempt items 16-21 on the agenda on the grounds that it is likely, in the view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended.

RESOLVED

THAT the press and public be excluded from the proceedings of the Cabinet Procurement Committee during consideration of Exempt items 16-21 on the agenda on the grounds that it is likely, in the view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended.

To confirm the exempt minutes of the meeting of Cabinet Procurement Committee held on 10 February 2020.

RESOLVED

That the exempt minutes of the meeting of Cabinet Procurement Committee held on 10 February 2020 be confirmed as an accurate record of the proceedings.

RESOLVED

That the exempt minutes of the meeting of Cabinet Procurement Committee held on 10 February 2020 be confirmed as an accurate record of the proceedings.

Item 7 refers

Appendix 1 is exempt from publication under para 3, Part 1, Schedule 12a of the Local Government Act 1972 (as amended).

RESOLVED

That exempt Appendix 1  in relation to agenda item 7  in the unrestricted part of the agenda be agreed and noted.

RESOLVED

That exempt Appendix 1  in relation to agenda item 7  in the unrestricted part of the agenda be agreed and noted.

Item 9 refers

Appendices 2, 4, 5 & 6 are exempt from publication under para 3, Part 1, Schedule 12a of the Local Government Act 1972 (as amended).

RESOLVED

That exempt Appendices 2, 4, 5 and 6  in relation to agenda item 9  in the unrestricted part of the agenda be agreed and noted.

RESOLVED

That exempt Appendices 2, 4, 5 and 6  in relation to agenda item 9  in the unrestricted part of the agenda be agreed and noted.

Item 10 refers

Appendices 1 – 4 are exempt from publication under para 3, Part 1, Schedule 12a of the Local Government Act 1972 (as amended).

RESOLVED

That exempt Appendices 1 - 4  in relation to agenda item 10  in the unrestricted part of the agenda be agreed and noted.

RESOLVED

That exempt Appendices 1 - 4  in relation to agenda item 10  in the unrestricted part of the agenda be agreed and noted.

Item 11 refers

Appendices A – C are exempt from publication under para 3, Part 1, Schedule 12a of the Local Government Act 1972 (as amended).

RESOLVED

That exempt Appendices A-C  in relation to agenda item 11 in the unrestricted part of the agenda be agreed and noted.

RESOLVED

That exempt Appendices A-C  in relation to agenda item 11 in the unrestricted part of the agenda be agreed and noted.

Item 12 refers

Appendices 1 – are exempt from publication under para 3, Part 1, Schedule 12a of the Local Government Act 1972 (as amended).

RESOLVED

That exempt Appendix 1 in relation to agenda item 12 in the unrestricted part of the agenda be agreed and noted.

RESOLVED

That exempt Appendix 1 in relation to agenda item 12 in the unrestricted part of the agenda be agreed and noted.

There were no items of exempt urgent business.

NOTED

There were no items of exempt urgent business.

NOTED